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End Speculative Oil and Gas Leasing Act of 2021 This bill specifies requirements for the leasing of oil and gas resources on federal lands. The Bureau of Land Management (BLM), with respect to certain federal land that is covered by a reasonably foreseeable development scenario (i.e., a long-term projection of oil and gas development) shall not offer the land for lease until such scenario includes an assessment of the land's oil and gas potential that specifically identifies the potential for all acres subject to decisions on availability for leasing. If certain federal land that is otherwise available for leasing of oil and gas resources is not covered by a reasonably foreseeable development scenario, the BLM shall complete such a scenario in accordance with the requirements and factors described in this bill. In general, the BLM shall not offer for lease certain federal land otherwise available for leasing of oil and gas resources if such land is designated in the applicable reasonably foreseeable development scenario as having low or no potential for the development of oil or gas resources. However, the bill provides for a variance process. With respect to each of these requirements, exceptions apply for federal land that is leased for the purpose of preventing oil or gas drainage or that meets specified requirements related to size and proximity to an oil- or gas-producing well.
117 S607 IS: End Speculative Oil and Gas Leasing Act of 2021 U.S. Senate 2021-03-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 607 IN THE SENATE OF THE UNITED STATES March 4, 2021 Ms. Cortez Masto Committee on Energy and Natural Resources A BILL To discourage speculative oil and gas leasing and to promote enhanced multiple use management of public land and National Forest System land, and for other purposes. 1. Short title This Act may be cited as the End Speculative Oil and Gas Leasing Act of 2021 2. Findings Congress finds that— (1) Federal land should be managed for multiple uses, resources, and values, including recreation use, grazing use, timber resources, mineral resources, watershed management, wildlife and fish habitat, and natural, scenic, scientific, and historic values; (2) section 17(a) of the Mineral Leasing Act ( 30 U.S.C. 226(a) known or believed to contain oil or gas deposits (3) (A) in determining whether a parcel of Federal land should be made available for oil and gas leasing and development, and in offering such a parcel for sale, the Secretary does not meaningfully take into consideration the oil and gas development potential of that parcel; and (B) as a result, the Secretary regularly offers and leases for oil and gas development Federal land that has no or low potential for the development of oil and gas resources (referred to in this section as no- or low-potential Federal land (4) (A) no- or low-potential Federal land is frequently leased for or near the minimum lease bid, or noncompetitively, and rarely produce oil or gas resources; and (B) as a result, taxpayers in the United States receive minimal revenue from the leasing of no- or low-potential Federal land; (5) making no- or low-potential Federal land available for oil and gas leasing can result in leases being obtained for speculative purposes; (6) the Secretary wastes taxpayer resources in issuing and managing leases on no- or low-potential Federal land; (7) no- or low-potential Federal land frequently supports other economically important uses, resources, and values including the uses, resources, and values described in paragraph (1); (8) the existence of leases on no- and low-potential Federal land can and does limit the ability of the Secretary to support and enhance the uses, resources, and values described in paragraph (1); and (9) meaningful public participation in leasing decisions is essential and can help to ensure that the decisions of the Secretary are well-informed and based on current and reliable information and data. 3. Policy In accordance with Federal multiple use land management goals, it is the policy of the United States that— (1) the Secretary— (A) shall not, absent exceptional circumstances, offer for lease any Federal land that has low or no potential for the development of oil and gas resources; (B) shall discourage speculation in the Federal onshore oil and gas leasing program; and (C) by not offering for lease Federal land described in subparagraph (A), shall conserve limited Federal resources that can be better applied elsewhere; and (2) the policies described in paragraph (1) are in keeping with, and are not detrimental to, the energy security of the United States. 4. Definitions In this Act: (1) Drainage The term drainage (2) Federal land The term Federal land (A) public land; and (B) National Forest System land. (3) Land use plan The term land use plan (A) a land use plan required under sections 201 and 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1711 (B) a land and resource management plan developed by the Secretary of Agriculture pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 (4) Public land The term public land public lands 43 U.S.C. 1702 (5) Reasonably foreseeable development scenario The term reasonably foreseeable development scenario H—1624–1—Planning for Fluid Mineral Resources Federal Land Policy and Management Act of 1976 43 U.S.C. 1701 (6) Secretary The term Secretary 5. Federal land covered by reasonably foreseeable development scenario issued before date of enactment (a) In general With respect to Federal land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 30 U.S.C. 351 (b) Exception for drainage (1) In general The Secretary may offer for lease any Federal land described in subsection (a) without meeting the requirements of that subsection if— (A) (i) the Federal land is adjacent to land currently producing oil or gas; and (ii) the lease is issued for the purpose of preventing drainage from the adjacent land; or (B) the Federal land— (i) does not exceed 640 acres; and (ii) is located within 1 mile of a well producing oil or gas in paying quantities on the date on which the Federal land is offered for leasing. (2) Requirement A lease issued under paragraph (1) shall be consistent with the applicable land use plan and all other applicable law. 6. Federal land not covered by current reasonably foreseeable development scenario (a) In general (1) In general Except as provided in subsection (c), if the Secretary determines that Federal land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 30 U.S.C. 351 (2) Requirements Any reasonably foreseeable development scenario issued on or after the date of enactment of this Act shall, at a minimum— (A) assess and designate all Federal land covered by the reasonably foreseeable development scenario as having high, moderate, low, or no potential for development of oil and gas resources; and (B) publish a map depicting the covered Federal land and the development potential for that Federal land designated under subparagraph (A). (3) Factors (A) In general In completing a reasonably foreseeable development scenario for Federal land, the Secretary shall take into consideration— (i) past and present exploration and development activity in the vicinity, including historic trends; (ii) for each lease in the vicinity, the number, location, and types of wells drilled, the representative depth of wells drilled, the number and location of dry holes, the success ratio for wells drilled, and the location, production history, and life expectancy of producing fields; (iii) geological, geophysical, and geochemical information for the Federal land, including data and information from the United States Geological Survey, the Department of Energy, State agencies, industry, professional societies, academic sources, and the public; (iv) structural and stratigraphic data and information relating to basins, fields, and plays on the Federal land; and (v) data and information on the likelihood that economically recoverable oil and gas resources are present in a given area, including information submitted by experts and the public. (B) Explanation of factors The Secretary shall document how each factor described in subparagraph (A) and any other factors considered by the Secretary support the designation of the potential for development of oil and gas resources on the Federal land. (4) Opportunity for public participation In carrying out a reasonably foreseeable development scenario under this subsection, the Secretary shall— (A) notify the public that the reasonably foreseeable development scenario is being initiated; (B) publish a request for information for the reasonably foreseeable development scenario; (C) release a draft version of the reasonably foreseeable development scenario for a public review and comment for a period of not less than 60 days; and (D) consider and respond to public comments in the final version of the reasonably foreseeable development scenario. (b) Regular update (1) In general Not later than 15 years after the date of enactment of this Act, and not less frequently than every 15 years thereafter, the Secretary, consistent with subsection (a) and in cooperation with the Secretary of Agriculture with respect to National Forest System land, shall review and update all reasonably foreseeable development scenarios covering Federal land. (2) Prohibition Except as provided in subsection (c), the Secretary shall not offer for lease any Federal land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 30 U.S.C. 351 (c) Exception for drainage (1) In general The Secretary may offer for lease any Federal land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 30 U.S.C. 351 (A) (i) the Federal land is adjacent to land currently producing oil or gas; and (ii) the lease is issued for the purpose of preventing drainage from the adjacent land; or (B) the Federal land— (i) does not exceed 640 acres; and (ii) is located within 1 mile of a well producing oil or gas in paying quantities on the date on which the Federal land is offered for leasing. (2) Requirement A lease issued under paragraph (1) shall be consistent with the applicable land use plan and all other applicable law. 7. Land having no or low development potential under a reasonably foreseeable development scenario (a) In general Except as provided in subsections (b) and (c), the Secretary shall not offer for lease any Federal land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 30 U.S.C. 351 (b) Exception for drainage (1) In general The Secretary may offer for lease any Federal land described in subsection (a) if— (A) (i) the Federal land is adjacent to land currently producing oil or gas; and (ii) the lease is issued for the purpose of preventing drainage from the adjacent land; or (B) the Federal land— (i) does not exceed 640 acres; and (ii) is located within 1 mile of a well producing oil or gas in paying quantities on the date on which the Federal land is offered for leasing. (2) Requirement A lease issued under paragraph (1) shall be consistent with the applicable land use plan and all other applicable law. (c) Variance process (1) In general An entity seeking to lease Federal land described in subsection (a) for purposes other than the purpose described in subsection (b)(1)(A)(ii) may submit to the Secretary an application for a variance under which the applicant shall bear the full burden of establishing and documenting that providing a variance for the Federal land would— (A) be consistent with decisions contained in the land use plan in effect for the Federal land; (B) affect only areas— (i) with low wildlife, recreation, livestock, and other multiple-use resource values; and (ii) where impacts to those values arising from the variance can be resolved; (C) optimize the use of existing infrastructure and avoid duplication of infrastructure and disruption of public land; (D) minimize adverse impacts on fish and wildlife habitats and migration and movement corridors in nearby areas; (E) cause no significant effects on species listed as endangered species or threatened species under the Endangered Species Act of 1973 16 U.S.C. 1531 (F) cause no cumulative impacts on air or water resources of concern that cannot be avoided or minimized; (G) cause no adverse impacts on— (i) units of the National Park System; (ii) units of the National Wildlife Refuge System; (iii) areas of critical environmental concern; (iv) components of the National Wilderness Preservation System; or (v) other special status areas, including State and local parks and wildlife and recreation areas; and (H) allow the Federal land to be developed in the public interest. (2) Opportunity for public participation (A) In general On receipt of an application for a variance under paragraph (1), the Secretary shall— (i) promptly notify the public that the application has been received; and (ii) provide the public with an opportunity to review and comment on the application, including any supporting documents, for a period of not less than 60 days. (B) Response The Secretary shall consider and respond in writing to any public comments received under subparagraph (A)(ii) before making a determination under paragraph (3)(A). (3) Granting of variance The Secretary may grant a variance for Federal land described in subsection (a) pursuant to an application submitted under paragraph (1), and offer that Federal land for lease, if— (A) the Secretary publishes in the Federal Register a determination that— (i) the applicant met the burden of establishing and documenting that the variance would meet the requirements described in paragraph (1); (ii) offering the Federal land for lease— (I) would not preclude the use of the Federal land for other uses, including grazing, fish and wildlife, and recreation uses; and (II) would be managed in accordance with the principles of multiple use (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 (iii) the variance is in the public interest; and (B) the Federal land— (i) is adjacent to land currently producing oil or gas in commercial quantities on the date on which the variance is granted; and (ii) does not exceed 640 acres. (4) Requirement A lease issued under paragraph (3) shall be consistent with the applicable land use plan and all other applicable law. (5) Limitation The Secretary shall not grant more than 1 variance under this subsection per 5-year period to an applicant or to an entity under common ownership or control with the applicant. 8. Effect (a) Multiple use considerations Nothing in this Act, including a determination under a reasonably foreseeable development scenario issued pursuant to this Act that Federal land has high or moderate potential for development of oil and gas resources, alters— (1) the requirements under section 202(c) of the Federal Land Policy and Management Act of 1976 43 U.S.C. 1712(c) 30 U.S.C. 181 30 U.S.C. 351 (2) the requirements of subsections (b) and (e) of section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 16 U.S.C. 1604 30 U.S.C. 181 30 U.S.C. 351 (3) any other applicable requirements of law. (b) NEPA Nothing in this Act modifies, alters, or impacts the applicability of the National Environmental Policy Act of 1969 42 U.S.C. 4321
End Speculative Oil and Gas Leasing Act of 2021
Keeping Critical Connections Act of 2021 This bill provides funds with which the Federal Communications Commission shall reimburse small business broadband providers for costs incurred during the COVID-19 (i.e., coronavirus disease 2019) emergency period to voluntarily (1) provide free or discounted service to students in need of distance learning capacity, or (2) refrain from disconnecting low-income households that cannot afford to make a full payment.
117 S608 IS: Keeping Critical Connections Act of 2021 U.S. Senate 2021-03-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 608 IN THE SENATE OF THE UNITED STATES March 4, 2021 Ms. Klobuchar Mr. Cramer Ms. Smith Mr. Marshall Mr. Merkley Mr. Barrasso Mr. Durbin Ms. Ernst Mrs. Gillibrand Ms. Lummis Mr. Kelly Mr. Cotton Mrs. Shaheen Mr. Moran Mr. Warner Mr. Hoeven Ms. Duckworth Ms. Murkowski Ms. Baldwin Mr. Boozman Mr. Peters Mr. Crapo Mr. Warnock Mr. Tillis Mr. Bennet Mr. Sullivan Mr. Kaine Mr. Hawley Ms. Rosen Committee on Commerce, Science, and Transportation A BILL To help small business broadband providers keep customers connected. 1. Short title This Act may be cited as the Keeping Critical Connections Act of 2021 2. Keeping Critical Connections Emergency Fund (a) Definitions In this section— (1) the term Commission (2) the term covered program (A) provides a customer with free or discounted broadband service, or free upgrades of existing service to meet certain capacity and speed needs, due specifically to the presence of a student in the household of the customer who needs distance learning capability; or (B) refrains from disconnecting broadband service provided to an existing customer due to nonpayment or underpayment if the customer— (i) has a household income, at the time of the nonpayment or underpayment, that does not exceed 135 percent of the Federal poverty guidelines (as determined by the Secretary of Health and Human Services); (ii) is unable to make a full payment due specifically to the economic impact of the national emergency described in paragraph (3); and (iii) provides sufficient documentation to the provider to show that the customer meets the criteria under clauses (i) and (ii); (3) the term COVID–19 emergency period 50 U.S.C. 1601 (4) the term small business broadband provider (b) Funding (1) Appropriation Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Commission $2,000,000,000 for fiscal year 2021, to remain available until expended, to reimburse small business broadband providers for the costs of carrying out a covered program. (2) Rules The Commission shall promulgate rules on an expedited basis, and without regard to section 553 of title 5, United States Code, regarding the provision of reimbursements to small business broadband providers under paragraph (1).
Keeping Critical Connections Act of 2021
Protecting Medicare and American Farmers from Sequester Cuts Act This bill makes several budgetary, technical, and procedural changes, particularly in relation to Medicare and increasing the debt limit. Specifically, the bill continues to exempt Medicare from sequestration until March 31, 2022. (Sequestration is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals.) The bill also establishes expedited Senate procedures for considering legislation to increase the debt limit. The procedures limit debate, waive points of order, and prohibit amendments. The procedures may only be used once and expire after January 16, 2022. Additionally, the bill (1) temporarily extends other provisions under Medicare, including a payment increase under the physician fee schedule; and (2) requires any debits recorded for FY2022 on the statutory pay-as-you-go (PAYGO) scorecards to be deducted from the scorecards for 2022 and added to the scorecards for 2023.
117 S610 EAH: Protecting Medicare and American Farmers from Sequester Cuts Act U.S. Senate 2021-12-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 117th CONGRESS 1st Session In the House of Representatives, U. S., December 7, 2021 AMENDMENT: That the bill from the Senate (S. 610) entitled An Act to address behavioral health and well-being among health care professionals. Strike out all after the enacting clause and insert: 1. Short title This Act may be cited as the Protecting Medicare and American Farmers from Sequester Cuts Act 2. Adjustments to Medicare sequestration reductions (a) Extension of temporary suspension through March 2022 (1) In general Section 3709(a) of division A of the CARES Act ( 2 U.S.C. 901a (A) in the subsection header by inserting and adjustment suspension (B) by striking December 31, 2021 March 31, 2022 (2) Effective date The amendments made by paragraph (1) shall take effect as if enacted as part of the CARES Act ( Public Law 116–136 (b) Adjustments to Medicare program sequestration reduction with respect to fiscal years 2022 and 2030 Section 251A(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901a(6) (1) by redesignating subparagraph (C) as subparagraph (E); and (2) by inserting after subparagraph (B) the following new subparagraphs: (C) Notwithstanding the 2 percent limit specified in subparagraph (A) for payments for the Medicare programs specified in section 256(d), the sequestration order of the President under such subparagraph for fiscal year 2022 shall be applied to such payments so that with respect to the period beginning on April 1, 2022, and ending on June 30, 2022, the payment reduction shall be 1.0 percent. (D) Notwithstanding the 2 percent limit specified in subparagraph (A) for payments for the Medicare programs specified in section 256(d), the sequestration order of the President under such subparagraph for fiscal year 2030 shall be applied to such payments so that— (i) with respect to the first 6 months in which such order is effective for such fiscal year, the payment reduction shall be 2.25 percent; and (ii) with respect to the second 6 months in which such order is so effective for such fiscal year, the payment reduction shall be 3 percent. . 3. Extension of support for physicians and other professionals in adjusting to Medicare payment changes (a) In general Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 (1) in subsection (c)(2)(B)(iv)(V), by striking 2021 2021 or 2022 (2) in subsection (t)— (A) in the subsection header, by striking 2021 2021 and 2022 (B) in paragraph (1)— (i) by striking during 2021 during 2021 and 2022 (ii) by striking for such services furnished on or after January 1, 2021, and before January 1, 2022, by 3.75 percent. for— (A) such services furnished on or after January 1, 2021, and before January 1, 2022, by 3.75 percent; and (B) such services furnished on or after January 1, 2022, and before January 1, 2023, by 3.0 percent. ; and (C) in paragraph (2)(C)— (i) in the subparagraph header, by striking 2021 2021 and 2022 (ii) by inserting for services furnished in 2021 or 2022 under this subsection (iii) by inserting or 2022, respectively (b) Report Section 101(c) of division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 (1) in the first sentence— (A) by striking April 1, 2022 each of April 1, 2022, and April 1, 2023 (B) by striking , as added by subsection (a) furnished during 2021 or 2022, respectively (2) in the second sentence— (A) by striking Such report Each such report (B) by inserting with respect to 2021 or 2022, as applicable under such section 4. Preserving patient access to critical clinical lab services (a) Revised phase-in of reductions from private payor rate implementation Section 1834A(b)(3) of the Social Security Act ( 42 U.S.C. 1395m–1(b)(3) (1) in subparagraph (A), by striking through 2024 through 2025 (2) in subparagraph (B)— (A) in clause (ii), by striking for 2021 for each of 2021 and 2022 (B) in clause (iii), by striking 2022 through 2024 2023 through 2025 (b) Revised Reporting Period for Reporting of Private Sector Payment Rates for Establishment of Medicare Payment Rates Section 1834A(a)(1)(B) of the Social Security Act ( 42 U.S.C. 1395m–1(a)(1)(B) (1) in clause (i), by striking December 31, 2021 December 31, 2022 (2) in clause (ii)— (A) by striking January 1, 2022 January 1, 2023 (B) by striking March 31, 2022 March 31, 2023 5. Delay to the implementation of the radiation oncology model under the Medicare program Section 133 of Division CC of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 January 1, 2022 January 1, 2023 6. Medicare Improvement Fund Section 1898(b)(1) of the Social Security Act ( 42 U.S.C. 1395iii(b)(1) fiscal year 2021 fiscal year 2021, $101,000,000. 7. PAYGO annual report For the purposes of the annual report issued pursuant to section 5 of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 934 8. Expedited procedures for considering an increase in the debt limit (a) Definition In this section, the term joint resolution (1) that is introduced by the Majority Leader of the Senate, or a designee, during the period beginning on the date of enactment of this Act and ending on December 31, 2021; (2) which does not have a preamble; (3) the title of which is as follows: Joint resolution relating to increasing the debt limit. (4) the matter after the resolving clause of which is as follows: That the limitation under section 3101(b) of title 31, United States Code, as most recently increased by Public Law 117–50 31 U.S.C. 3101 (b) Expedited consideration in Senate (1) Placement on calendar Upon introduction in the Senate, the joint resolution shall be placed immediately on the calendar. (2) Proceeding to consideration (A) In general Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order, not later than January 15, 2022 (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution. (B) Procedure For a motion to proceed to the consideration of the joint resolution— (i) all points of order against the motion are waived; (ii) the motion is not debatable; (iii) the motion is not subject to a motion to postpone; (iv) a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order; and (v) if the motion is agreed to, the joint resolution shall remain the unfinished business until disposed of. (3) Floor consideration (A) In general If the Senate proceeds to consideration of the joint resolution— (i) all points of order against the joint resolution (and against consideration of the joint resolution) are waived; (ii) debate on the joint resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the Chairman and Ranking Member of the Committee on Finance; (iii) an amendment to the joint resolution is not in order; (iv) a motion to postpone or a motion to commit the joint resolution is not in order; and (v) a motion to proceed to the consideration of other business is not in order. (B) Vote on passage The vote on passage shall occur immediately following the conclusion of the debate on the joint resolution and a single quorum call if requested in accordance with the rules of the Senate. (C) Rulings of the chair on procedure Appeals from the decisions of the Chair relating to the application of this paragraph or the rules of the Senate, as the case may be, to the procedure relating to the joint resolution shall be decided without debate. (D) Single measure authorized It shall not be in order to consider more than 1 joint resolution under the procedures under this paragraph. (E) Sunset It shall not be in order to consider a joint resolution under the procedures under this paragraph after January 16, 2022. (4) Rules of the Senate This subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate, and as such is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of a joint resolution, and supersede other rules only to the extent that they are inconsistent with such rules; and (B) with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate. Lorraine Miller Clerk.
Protecting Medicare and American Farmers from Sequester Cuts Act
VOCA Fix to Sustain the Crime Victims Fund Act of 2021 This bill adds a new source of revenue for the Crime Victims Fund and makes changes to formula grants supported by the fund. Specifically, the bill directs revenues collected from deferred prosecution and non-prosecution agreements to be deposited into the Crime Victims Fund. Currently, such revenues are deposited into the general fund of the Treasury. Additionally, the bill increases the percentage—from 60% to 75%—of state compensation payments to crime victims in the prior fiscal year used to calculate formula grants for state victim compensation programs. Finally, the bill directs states to waive the matching requirement for recipients of state victim assistance formula grants during and for one year after a pandemic-related national emergency. It also allows states to waive the matching requirement pursuant to a policy established by the state.
117 S611 IS: VOCA Fix to Sustain the Crime Victims Fund Act of 2021 U.S. Senate 2021-03-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 611 IN THE SENATE OF THE UNITED STATES March 4, 2021 Mr. Durbin Mr. Graham Ms. Baldwin Mr. Grassley Mrs. Feinstein Mr. Cornyn Ms. Klobuchar Ms. Murkowski Mr. Leahy Mr. Crapo Mr. Whitehouse Ms. Ernst Mr. Brown Mr. Tillis Mr. Wyden Mr. Menendez Ms. Hirono Mrs. Shaheen Ms. Warren Ms. Smith Mr. Blumenthal Mr. Reed Mr. Tester Mr. Schatz Mr. Casey Ms. Cortez Masto Mr. Portman Committee on the Judiciary A BILL To deposit certain funds into the Crime Victims Fund, to waive matching requirements, and for other purposes. 1. Short title This Act may be cited as the VOCA Fix to Sustain the Crime Victims Fund Act of 2021 2. Comprehensive fix of Crime Victims Fund and compensation (a) Crime victims fund Section 1402 of the Victims of Crime Act of 1984 ( 34 U.S.C. 20101 (1) in subsection (b)— (A) in paragraph (4), by striking ; and (B) in paragraph (5)(B), by striking the period at the end and inserting ; and (C) by adding at the end the following new paragraph: (6) any funds that would otherwise be deposited in the general fund of the Treasury collected pursuant to— (A) a deferred prosecution agreement; or (B) a non-prosecution agreement. ; and (2) in subsection (e), by striking Director Director, except that renewals and extensions beyond that period may be granted at the discretion of the Attorney General (b) Crime victim compensation Section 1403 of the Victims of Crime Act of 1984 ( 34 U.S.C. 20102 (1) in subsection (a)— (A) in paragraph (1), by striking 40 percent in fiscal year 2002 and of 60 percent in subsequent fiscal years 75 percent (B) in paragraph (2), by striking of 40 percent in fiscal year 2002 and of 60 percent in subsequent fiscal years (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following new paragraph: (3) For the purposes of calculating amounts awarded in the previous fiscal year under this subsection, the Director shall not require eligible crime victim compensation programs to deduct recovery costs or collections from restitution or from subrogation for payment under a civil lawsuit. ; (2) in subsection (b)(2) by striking authorities; authorities, except if a program determines such cooperation may be impacted due to a victim’s age, physical condition, psychological state, cultural or linguistic barriers, or any other health or safety concern that jeopardizes the victim's well-being; (3) in subsection (d)— (A) in paragraph (3), by striking ; and (B) in paragraph (4), by striking the period at the end and inserting ; and (C) by adding at the end the following new paragraph: (5) the term recovery costs . 3. Waiver of matching requirement (a) In general Section 1404(a) of the Victims of Crime Act of 1984 ( 34 U.S.C. 20103(a) (7) (A) Each chief executive may waive a matching requirement imposed by the Director, in accordance with subparagraph (B), as a condition for the receipt of funds under any program to provide assistance to victims of crimes authorized under this chapter. The chief executive shall report to the Director the approval of any waiver of the matching requirement. (B) Each chief executive shall establish and make public, a policy including— (i) the manner in which an eligible crime victim assistance program can request a match waiver; (ii) the criteria used to determine eligibility of the match waiver; and (iii) the process for decision making and notifying the eligible crime victim assistance program of the decision. . (b) National emergency waiver Section 1404(a) of the Victims of Crime Act of 1984 ( 34 U.S.C. 20103(a) (8) Beginning on the date a national emergency is declared under the National Emergencies Act ( 50 U.S.C. 1601 .
VOCA Fix to Sustain the Crime Victims Fund Act of 2021
Improving Housing Outcomes for Veterans Act of 2021 This bill requires the Veterans Health Administration (VHA) to provide medical center staff and homelessness service providers of the Department of Veterans Affairs (VA) with information related to best practices for the collaboration on centralized or coordinated assessment systems established and operated by Continuums of Care. The VA must also ensure that the information and related resources are accessible to VA medical center staff and homelessness service providers. Additionally, the bill requires the VHA to communicate with VA employees who have responsibilities related to homelessness assistance programs regarding (1) the measurement of performance by the VA's Homeless Program Office, and (2) how to obtain and provide feedback about the performance measures.
117 S612 IS: Improving Housing Outcomes for Veterans Act of 2021 U.S. Senate 2021-03-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 612 IN THE SENATE OF THE UNITED STATES March 5, 2021 Mr. Portman Ms. Warren Mr. Durbin Mr. Van Hollen Committee on Veterans' Affairs A BILL To require the Under Secretary for Health of the Department of Veterans Affairs to provide certain information to medical center staff and homelessness service providers of the Department regarding the coordinated entry processes for housing and services operated under the Continuum of Care Program of the Department of Housing and Urban Development, and for other purposes. 1. Short title This Act may be cited as the Improving Housing Outcomes for Veterans Act of 2021 2. Department of Veterans Affairs sharing of information relating to coordinated entry processes for housing and services operated under Department of Housing and Urban Development Continuum of Care Program (a) In general The Under Secretary for Health of the Department of Veterans Affairs shall— (1) provide to staff of medical centers of the Department of Veterans Affairs and homelessness service providers of the Department the information described in subsection (b); and (2) ensure that such information, and other resources the Under Secretary determines are appropriate, are accessible to such staff and providers. (b) Information described The information described in this subsection is information related to best practices with respect to the collaboration between medical centers of the Department of Veterans Affairs, homelessness service providers of the Department, and local partners (including local offices of the Department of Housing and Urban Development or public housing agencies, and private and public local community organizations) on the centralized or coordinated assessment systems established and operated by Continuums of Care under section 578.7(a)(8) of title 24, Code of Federal Regulations, including making referrals and sharing data, as the Under Secretary determines appropriate. 3. Department of Veterans Affairs communication with employees responsible for homelessness assistance programs The Under Secretary for Health of the Department of Veterans Affairs shall clearly communicate with employees of the Department of Veterans Affairs whose responsibilities are related to homelessness assistance programs regarding— (1) the measurement of performance of such programs by the Homeless Programs Office of the Department; and (2) how to obtain and provide feedback about performance measures.
Improving Housing Outcomes for Veterans Act of 2021
Trans-Sahara Counterterrorism Partnership Program Act of 2021 This bill provides statutory authority for the Trans-Sahara Counterterrorism Partnership Program, an interagency program launched in 2005 to partner with countries in the Sahel and Maghreb regions of Africa to counter terrorism and violent extremism. The Department of State, in consultation with the Department of Defense and the U.S. Agency for International Development, shall establish the partnership program, which must coordinate all U.S. programs in North and West Africa related to various counterterrorism activities, such as building foreign-military capacity, enhancing border security, promoting youth employment, and supporting independent media to counter terrorist propaganda. The State Department must submit comprehensive, five-year strategies that include specified activities for the Sahel and Maghreb regions and for program counterterrorism efforts. Further, program activities must, among other things (1) be carried out in countries where there is an adequate level of partner country committment, and (2) have clearly defined outcomes and specific plans with indicators to regularly monitor and evaluate outcomes and impact. Such activities must also take into account the counterterrorism and development strategies of partner countries and align with such strategies to the extent possible. The State Department shall notify Congress before obligating funds for such programs, and must submit annual reports about program activities.
117 S615 IS: Trans-Sahara Counterterrorism Partnership Program Act of 2021 U.S. Senate 2021-03-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 615 IN THE SENATE OF THE UNITED STATES March 5, 2021 Mr. Menendez Mr. Risch Committee on Foreign Relations A BILL To establish an interagency program to assist countries in North Africa and West Africa to improve immediate and long-term capabilities to counter terrorist threats, and for other purposes. 1. Short title This Act may be cited as the Trans-Sahara Counterterrorism Partnership Program Act of 2021 2. Sense of Congress It is the sense of Congress that— (1) terrorist and violent extremist organizations, such as Al Qaeda in the Islamic Maghreb, Boko Haram, the Islamic State of West Africa, and other affiliated groups, have killed tens of thousands of innocent civilians, displaced populations, destabilized local and national governments, and caused mass human suffering in the affected communities; (2) poor governance, political and economic marginalization, and lack of accountability for human rights abuses by security forces are drivers of extremism; (3) it is in the national security interest of the United States— (A) to combat the spread of terrorism and violent extremism; and (B) to build the capacity of partner countries to combat such threats in Africa; (4) terrorist and violent extremist organizations exploit vulnerable and marginalized communities suffering from poverty, lack of economic opportunity (particularly among youth populations), corruption, and weak governance; and (5) a comprehensive, coordinated interagency approach is needed to develop an effective strategy— (A) to address the security challenges in the Sahel-Maghreb; (B) to appropriately allocate resources and de-conflict programs; and (C) to maximize the effectiveness of United States defense, diplomatic, and development capabilities. 3. Statement of policy It is the policy of the United States to assist countries in North Africa and West Africa, and other allies and partners that are active in those regions, in combating terrorism and violent extremism through a coordinated interagency approach with a consistent strategy that appropriately balances security activities with diplomatic and development efforts to address the political, socioeconomic, governance, and development challenges in North Africa and West Africa that contribute to terrorism and violent extremism. 4. Trans-Sahara Counterterrorism Partnership Program (a) In general (1) Establishment The Secretary of State, in consultation with the Secretary of Defense and the Administrator of the United States Agency for International Development, shall establish a partnership program, which shall be known as the Trans-Sahara Counterterrorism Partnership Program Program (A) to improve governance and the capacities of countries in North Africa and West Africa to deliver basic services, particularly to at-risk communities, as a means of countering terrorism and violent extremism by enhancing state legitimacy and authority and countering corruption; (B) to address the factors that make people and communities vulnerable to recruitment by terrorist and violent extremist organizations, including economic vulnerability and mistrust of government and government security forces, through activities such as— (i) supporting strategies that increase youth employment opportunities; (ii) promoting girls’ education and women’s political participation; (iii) strengthening local governance and civil society capacity; (iv) improving government transparency and accountability; (v) fighting corruption; (vi) improving access to economic opportunities; and (vii) other development activities necessary to support community resilience; (C) to strengthen the rule of law in such countries, including by enhancing the capability of the judicial institutions to independently, transparently, and credibly deter, investigate, and prosecute acts of terrorism and violent extremism; (D) to improve the ability of military and law enforcement entities in partner countries— (i) to detect, disrupt, respond to, and prosecute violent extremist and terrorist activity, while respecting human rights; and (ii) to cooperate with the United States and other partner countries on counterterrorism and counter-extremism efforts; (E) to enhance the border security capacity of partner countries, including the ability to monitor, detain, and interdict terrorists; (F) to identify, monitor, disrupt, and counter the human capital and financing pipelines of terrorism; or (G) to support the free expression and operations of independent, local-language media, particularly in rural areas, while countering the media operations and recruitment propaganda of terrorist and violent extremist organizations. (2) Assistance framework Program activities shall— (A) be carried out in countries in which the Secretary of State, in consultation with the Secretary of Defense and the Administrator of the United States Agency for International Development— (i) determines that there is an adequate level of partner country commitment; and (ii) has considered partner country needs, absorptive capacity, sustainment capacity, and efforts of other donors in the sector; (B) have clearly defined outcomes; (C) be closely coordinated among United States diplomatic and development missions, United States Africa Command, and relevant participating departments and agencies; (D) have specific plans with robust indicators to regularly monitor and evaluate outcomes and impact; (E) complement and enhance efforts to promote democratic governance, the rule of law, human rights, and economic growth; (F) in the case of train and equip programs, complement longer-term security sector institution-building; and (G) have mechanisms in place to track resources and routinely monitor and evaluate the efficacy of relevant programs. (3) Consultation In coordinating activities through the Program, the Secretary of State shall consult, as appropriate, with the Director of National Intelligence, the Secretary of the Treasury, the Attorney General, the Chief Executive Officer of the United States Agency for Global Media (formerly known as the Broadcasting Board of Governors), and the heads of other relevant Federal departments and agencies, as determined by the President. (4) Congressional notification Not later than 15 days before obligating amounts for an activity coordinated through the Program under paragraph (1), the Secretary of State shall notify the appropriate congressional committees, in accordance with section 634A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394–1 (A) the foreign country and entity, as applicable, whose capabilities are to be enhanced in accordance with the purposes described in paragraph (1); (B) the amount, type, and purpose of support to be provided; (C) the absorptive capacity of the foreign country to effectively implement the assistance to be provided; (D) the anticipated implementation timeline for the activity; and (E) the plans to sustain any military or security equipment provided beyond the completion date of such activity, if applicable, and the estimated cost and source of funds to support such sustainment. (b) International coordination Efforts carried out under this section— (1) shall take into account partner country counterterrorism, counter-extremism, and development strategies; (2) shall be aligned with such strategies, to the extent practicable; and (3) shall be coordinated with counterterrorism and counter-extremism activities and programs in the areas of defense, diplomacy, and development carried out by other like-minded donors and international organizations in the relevant country. (c) Strategies (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense and the Administrator of the United States Agency for International Development and other relevant Federal Government agencies, shall submit the strategies described in paragraphs (2) and (3) to the appropriate congressional committees. (2) Comprehensive, 5-year strategy for the Sahel-Maghreb The Secretary of State shall develop a comprehensive, 5-year strategy for the Sahel-Maghreb, including details related to whole-of-government efforts in the areas of defense, diplomacy, and development to advance the national security, economic, and humanitarian interests of the United States, including— (A) efforts to ensure coordination with multilateral and bilateral partners, such as the Joint Force of the Group of Five of the Sahel, and with other relevant assistance frameworks; (B) a public diplomacy strategy and actions to ensure that populations in the Sahel-Maghreb are aware of the development activities of the United States Government, especially in countries with a significant Department of Defense presence or engagement through train and equip programs; (C) activities aimed at supporting democratic institutions and countering violent extremism with measurable goals and transparent benchmarks; (D) plans to help each partner country address humanitarian and development needs and to help prevent, respond to, and mitigate intercommunal violence; (E) a comprehensive plan to support security sector reform in each partner country that includes a detailed section on programs and activities being undertaken by relevant stakeholders and other international actors operating in the sector; and (F) a specific strategy for Mali that includes plans for sustained, high-level diplomatic engagement with stakeholders, including countries in Europe and the Middle East with interests in the Sahel-Maghreb, regional governments, relevant multilateral organizations, signatory groups of the Agreement for Peace and Reconciliation in Mali, done in Algiers July 24, 2014, and civil society actors. (3) A comprehensive five-year strategy for Program counterterrorism efforts The Secretary of State shall develop a comprehensive 5-year strategy for the Program that includes— (A) a clear statement of the objectives of United States counterterrorism efforts in North Africa and West Africa with respect to the use of all forms of United States assistance to combat terrorism and counter violent extremism, including efforts— (i) to build military and civilian law enforcement capacity; (ii) to strengthen the rule of law; (iii) to promote responsive and accountable governance; and (iv) to address the root causes of terrorism and violent extremism; (B) a plan for coordinating programs through the Program pursuant to subsection (a)(1), including identifying the agency or bureau of the Department of State, as applicable, that will be responsible for leading and coordinating each such program; (C) a plan to monitor, evaluate, and share data and learning about the Program in accordance with monitoring and evaluation provisions under sections 3 and 4 of the Foreign Aid Transparency and Accountability Act of 2016 ( 22 U.S.C. 2394c (D) a plan for ensuring coordination and compliance with related requirements in United States law, including the Global Fragility Act of 2019 ( 22 U.S.C. 9801 (4) Consultation Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall consult with the appropriate congressional committees regarding the progress made towards developing the strategies required under paragraphs (2) and (3). (d) Supporting material in annual budget request (1) In general The Secretary of State shall include a description of the requirements, activities, and planned allocation of amounts requested by the Program in the budget materials submitted to Congress in support of the President’s annual budget request pursuant to section 1105 of title 31, United States Code, for each fiscal year beginning after the date of the enactment of this Act and annually thereafter for the following 5 years. (2) Exception The requirement under paragraph (1) shall not apply to activities of the Department of Defense conducted pursuant to authorities under title 10, United States Code. (e) Monitoring and evaluation of programs and activities Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary of State, in consultation with the Secretary of Defense and the Administrator of the United States Agency for International Development, shall submit a report to the appropriate congressional committees that describes— (1) the progress made in meeting the objectives of the strategies required under paragraphs (2) and (3) of subsection (c), including any lessons learned in carrying out Program activities and any recommendations for improving such programs and activities; (2) the efforts taken to coordinate, de-conflict, and streamline Program activities to maximize resource effectiveness; (3) the extent to which each partner country has demonstrated the ability to absorb the equipment or training provided in the previous year under the Program, and as applicable, the ability to maintain and appropriately utilize such equipment; (4) the extent to which each partner country is investing its own resources to advance the goals described in subsection (a)(1) or is demonstrating a commitment and willingness to cooperate with the United States to advance such goals; (5) the actions taken by the government of each partner country receiving assistance under the Program to combat corruption, improve transparency and accountability, and promote other forms of democratic governance; (6) the assistance provided in each of the 3 preceding fiscal years under the Program, broken down by partner country, including the type, statutory authorization, and purpose of all United States security assistance provided to the country pursuant to authorities under title 10, United States Code, the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 train and equip (7) any changes or updates to the Comprehensive 5-Year Strategy for the Program required under subsection (c)(3) necessitated by the findings in this annual report. (f) Reporting requirement related to audit of bureau of african affairs monitoring and coordination of the Trans-Sahara Counterterrorism Partnership Program Not later than 90 days after the date of the enactment of this Act, and every 120 days thereafter until the earlier of the date on which all 13 recommendations in the September 2020 Department of State Office of Inspector General audit entitled Audit of the Department of State Bureau of African Affairs Monitoring and Coordination of the Trans-Sahara Counterterrorism Partnership Program (1) which of the 13 recommendations in AUD–MERO–20–42 have not been closed; (2) a description of progress made since the last report toward closing each recommendation identified under paragraph (1); (3) additional resources needed, including assessment of staffing capacity, if any, to complete action required to close each recommendation identified under paragraph (1); and (4) the anticipated timeline for completion of action required to close each recommendation identified under paragraph (1), including application of all recommendations into all existing security assistance programs managed by the Department of State under the Program. (g) Program administration Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit a report to Congress that describes plans for conducting a written review of a representative sample of each of the security assistance programs administered by the Bureau of African Affairs that— (1) identifies potential waste, fraud, abuse, inefficiencies, or deficiencies; and (2) includes an analysis of staff capacity, including human resource needs, available resources, procedural guidance, and monitoring and evaluation processes to ensure that the Bureau of African Affairs is managing programs efficiently and effectively. (h) Form The strategies required under paragraphs (2) and (3) of subsection (c) and the report required under subsection (e) shall be submitted in unclassified form, but may include a classified annex. (i) Appropriate congressional committees defined In this section, the term appropriate congressional committees (1) the Committee on Foreign Relations of the Senate (2) the Committee on Armed Services of the Senate (3) the Committee on Appropriations of the Senate (4) the Select Committee on Intelligence of the Senate (5) the Committee on Foreign Affairs of the House of Representatives (6) the Committee on Armed Services of the House of Representatives (7) the Committee on Appropriations of the House of Representatives (8) the Permanent Select Committee on Intelligence of the House of Representatives
Trans-Sahara Counterterrorism Partnership Program Act of 2021
Inter-American Development Bank General Capital Increase Act of 2021 This bill requires the President to support and coordinate diplomatic engagement to secure a 10th general capital increase for the Inter-American Development Bank (IDB) and to support the creation of an environmental fund and financing facility at the IDB. The bill also authorizes the U.S. Governor of the IDB to vote in favor an $80 billion increase in the capital stock of the IDB and to subscribe on behalf of the United States to additional shares of this capital stock.
117 S616 IS: Inter-American Development Bank General Capital Increase Act of 2021 U.S. Senate 2021-03-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 616 IN THE SENATE OF THE UNITED STATES March 6 (legislative day, March 5), 2021 Mr. Menendez Mr. Rubio Mr. Kaine Mr. Cassidy Mr. Cardin Committee on Foreign Relations A BILL To authorize the tenth general capital increase for the Inter-American Development Bank and to strengthen recovery efforts in Latin America and the Caribbean related to the COVID–19 pandemic, and for other purposes. 1. Short title This Act may be cited as the Inter-American Development Bank General Capital Increase Act of 2021 2. Findings Congress makes the following findings: (1) The region of Latin America and the Caribbean has suffered severely from the coronavirus disease 2019 (commonly referred to as COVID–19 (2) In 2020, as a result of COVID–19, gross domestic product per capita fell 8.5 percent across Latin America and the Caribbean, entirely reversing steady advancements in regional gross domestic product per capita since 2010, according to the Economic Commission for Latin America and the Caribbean. (3) Initial assessments by the Economic Commission for Latin America and the Caribbean indicate that, throughout Latin America and the Caribbean, the COVID–19 pandemic will have— (A) pushed an additional 45,500,000 people into poverty, increasing the total number of people living in poverty from 185,500,000 to 230,900,000, or approximately 37.3 percent of the Latin American and Caribbean population, in 2020; and (B) caused the total number of individuals living in extreme poverty to increase by 28,500,000 from 67,700,000 to 96,200,000, or approximately 15.5 percent of the Latin American and Caribbean population, in 2020. (4) The Inter-American Development Bank estimated in May 2020 that 17,000,000 formal jobs would be lost as a result of the pandemic, increasing the share of jobs in informal sectors of the region’s economies to 62 percent. September 2020 findings from the International Labour Organization noted that 34,000,000 workers across 9 countries in the region lost their jobs in the first half of 2020. (5) The pandemic also has complicated the humanitarian and development challenges countries across Latin America and the Caribbean face as hosts to more than 4,300,000 Venezuelan refugees and migrants, prompting the Inter-American Development Bank to launch a migration initiative that aims to provide $85,000,000 in grants and leverage investments of $1,100,000,000 in social protection, health, education, and employment. (6) The pandemic has severely disrupted education systems across Latin America and the Caribbean because of a lack of equipment and pedagogical tools required for effective remote schooling. According to data compiled by the United Nations Educational, Scientific and Cultural Organization and the Inter-American Development Bank, fewer than 30 percent of low-income families impacted by decisions to halt in-person classes have access to a computer and only around 60 percent of secondary school teachers have the skills needed for virtual instruction. (7) Countries across Latin America and the Caribbean continue to face enduring economic challenges, including persistent inequality, high levels of tax evasion and avoidance, and elevated debt levels. (8) The stability, sustainable development, and inclusive growth of economies in Latin America and the Caribbean is in the national interest of the United States, as the region accounts for 21.7 percent of United States trade in goods in 2019, according to the Economic Commission for Latin America and the Caribbean. (9) The Inter-American Development Bank is the world’s oldest and largest regional development bank, and has worked continuously since 1959 to foster economic, social, and institutional development in Latin America and the Caribbean. (10) The Inter-American Development Bank is uniquely positioned to advance post-pandemic recovery efforts and to mitigate the social and economic impacts of the pandemic. As early as March 2020, the Inter-American Development Bank announced the allotment of up to $12,000,000,000 toward immediate public health responses, efforts to revitalize social safety nets for vulnerable populations, and strategic economic productivity and employment initiatives. (11) The 48 borrowing and non-borrowing member countries of the Inter-American Development Bank last agreed to a ninth general capital increase as part of the Bank’s annual meeting on March 20–22, 2010. (12) Under the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 CARES Act ability of foreign countries to prevent, prepare for, and respond to coronavirus and to the adverse economic impacts of coronavirus 3. Sense of Congress It is the sense of Congress that— (1) the spread of SARS–CoV–2, the virus that causes COVID–19, has had a significant impact on economic, social, and humanitarian conditions throughout Latin America and the Caribbean; (2) the Inter-American Development Bank is the preeminent multilateral development bank dedicated to regional economic and social development and the betterment of lives across Latin America and the Caribbean; (3) the Bank has played an integral role in supporting member countries with the coordination and implementation of policies to mitigate the effects of the COVID–19 pandemic, the Venezuelan refugee and migration crisis, and other crises in the Western Hemisphere; (4) a capital increase for the Bank would greatly increase its capacity to provide financing, institutional knowledge, and technical support to foster recovery and inclusion initiatives between regional governments, private sector entities, and international organizations; and (5) the United States, as a founding member of the Bank, should support a capital stock increase to ensure the Bank is prepared to offer additional support to member countries severely impacted by the COVID–19 pandemic and other crises. 4. Tenth general capital increase (a) Support for a general capital increase The President shall take steps to support a tenth general capital increase for the Inter-American Development Bank. (b) Diplomatic engagement The President shall advance diplomatic engagement to build support among member countries of the Bank for a tenth general capital increase for the Bank in order to strengthen the capacity of the Bank— (1) to support Latin American and Caribbean countries in their efforts to address the COVID–19 pandemic and the related economic impact; and (2) to advance inclusive economic and social development in the Americas. (c) Progress report Not later than 45 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives a report detailing efforts to carry out subsections (a) and (b). (d) Tenth capital increase The Inter-American Development Bank Act ( 22 U.S.C. 283 42. Tenth capital increase (a) Vote authorized The United States Governor of the Bank is authorized to vote in favor of a resolution to increase the capital stock of the Bank by $80,000,000,000 over a period not to exceed 5 years. (b) Subscription authorized (1) In general The United States Governor of the Bank may subscribe on behalf of the United States to 1,990,714 additional shares of the capital stock of the Bank. (2) Limitation Any subscription by the United States to the capital stock of the Bank shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts. (c) Limitations on authorization of appropriations (1) In general In order to pay for the increase in the United States subscription to the Bank under subsection (b), there is authorized to be appropriated $24,014,857,191 for payment by the Secretary of the Treasury. (2) Allocation of funds Of the amount authorized to be appropriated under paragraph (1)— (A) $600,371,430 shall be for paid in shares of the Bank; and (B) $23,414,485,761 shall be for callable shares of the Bank. . 5. Support for environmental sustainability initiatives of Inter-American Development Bank (a) Findings Congress makes the following findings: (1) The Inter-American Development Bank has served as an executing agency for the Global Environment Facility, a grant-making and financing facility supported by 182 countries to address global environmental issues and sustainable development. (2) The Bank has never had its own environmental grant-making and financing facility despite the fact that the Americas are home to the world’s largest tropical rain forest and include countries significantly affected by natural disasters annually. (b) Sense of Congress It is the sense of Congress that the Bank should— (1) establish its own environmental grant-making and financing facility in order to implement and expand environmental policies, metrics, and standards, to strengthen resilience and disaster preparedness, and to improve sustainability and conservation; and (2) continue to strengthen environmental safeguards as an element of economic development in the Western Hemisphere. (c) Diplomatic engagement The President shall advance diplomatic engagement to build support among member countries of the Bank for the creation of an environmental fund and financing facility as part of the tenth general capital increase for the Bank.
Inter-American Development Bank General Capital Increase Act of 2021
Death Tax Repeal Act of 2021 This bill repeals the estate and generation-skipping transfer taxes. It also makes conforming amendments related to the gift tax.
117 S617 IS: Death Tax Repeal Act of 2021 U.S. Senate 2021-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 617 IN THE SENATE OF THE UNITED STATES March 9, 2021 Mr. Thune Mr. Barrasso Mrs. Blackburn Mr. Blunt Mr. Boozman Mr. Cornyn Mr. Cotton Mr. Cramer Mr. Crapo Mr. Cruz Mr. Daines Ms. Ernst Mrs. Fischer Mr. Grassley Mr. Hoeven Mr. Inhofe Mr. Kennedy Mr. Marshall Mr. McConnell Mr. Moran Mr. Risch Mr. Rounds Mr. Rubio Mr. Scott of Florida Mr. Shelby Mr. Wicker Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to repeal the estate and generation-skipping transfer taxes, and for other purposes. 1. Short title This Act may be cited as the Death Tax Repeal Act of 2021 2. Repeal of estate and generation-skipping transfer taxes (a) Estate Tax Repeal Subchapter C of chapter 11 of subtitle B of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 2210. Termination (a) In general Except as provided in subsection (b), this chapter shall not apply to the estates of decedents dying on or after the date of the enactment of the Death Tax Repeal Act of 2021 (b) Certain Distributions From Qualified Domestic Trusts In applying section 2056A with respect to the surviving spouse of a decedent dying before the date of the enactment of the Death Tax Repeal Act of 2021 (1) section 2056A(b)(1)(A) shall not apply to distributions made after the 10-year period beginning on such date, and (2) section 2056A(b)(1)(B) shall not apply on or after such date. . (b) Generation-Skipping Transfer Tax Repeal Subchapter G of chapter 13 of subtitle B of such Code is amended by adding at the end the following new section: 2664. Termination This chapter shall not apply to generation-skipping transfers on or after the date of the enactment of the Death Tax Repeal Act of 2021 . (c) Conforming Amendments (1) The table of sections for subchapter C of chapter 11 Sec. 2210. Termination. . (2) The table of sections for subchapter G of chapter 13 of such Code is amended by adding at the end the following new item: Sec. 2664. Termination. . (d) Effective Date The amendments made by this section shall apply to the estates of decedents dying, and generation-skipping transfers, after the date of the enactment of this Act. 3. Modifications of gift tax (a) Computation of gift tax Subsection (a) of section 2502 (a) Computation of tax (1) In general The tax imposed by section 2501 for each calendar year shall be an amount equal to the excess of— (A) a tentative tax, computed under paragraph (2), on the aggregate sum of the taxable gifts for such calendar year and for each of the preceding calendar periods, over (B) a tentative tax, computed under paragraph (2), on the aggregate sum of the taxable gifts for each of the preceding calendar periods. (2) Rate schedule If the amount with respect to which the tentative tax to be computed is: The tentative Not over $10,000 18% of such amount. Over $10,000 but not over $20,000 $1,800, plus 20% of the excess over $10,000. Over $20,000 but not over $40,000 $3,800, plus 22% of the excess over $20,000. Over $40,000 but not over $60,000 $8,200, plus 24% of the excess over $40,000. Over $60,000 but not over $80,000 $13,000, plus 26% of the excess over $60,000. Over $80,000 but not over $100,000 $18,200, plus 28% of the excess over $80,000. Over $100,000 but not over $150,000 $23,800, plus 30% of the excess over $100,000. Over $150,000 but not over $250,000 $38,800, plus 32% of the excess over $150,000. Over $250,000 but not over $500,000 $70,800, plus 34% of the excess over $250,000. Over $500,000 $155,800, plus 35% of the excess over $500,000. . (b) Treatment of Certain Transfers in Trust Section 2511 (c) Treatment of Certain Transfers in Trust Notwithstanding any other provision of this section and except as provided in regulations, a transfer in trust shall be treated as a taxable gift under section 2503, unless the trust is treated as wholly owned by the donor or the donor’s spouse under subpart E of part I of subchapter J of chapter 1. . (c) Lifetime gift exemption (1) In general Paragraph (1) of section 2505(a) (1) the amount of the tentative tax which would be determined under the rate schedule set forth in section 2502(a)(2) if the amount with respect to which such tentative tax is to be computed were $10,000,000, reduced by . (2) Inflation adjustment Section 2505 of such Code is amended by adding at the end the following new subsection: (d) Inflation adjustment (1) In general In the case of any calendar year after 2011, the dollar amount in subsection (a)(1) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting calendar year 2010 calendar year 2016 (2) Rounding If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. . (d) Conforming amendments (1) Section 2505(a) of such Code is amended by striking the last sentence. (2) The heading for section 2505 of such Code is amended by striking Unified (3) The item in the table of sections for subchapter A of chapter 12 of such Code relating to section 2505 is amended to read as follows: Sec. 2505. Credit against gift tax. . (e) Effective date The amendments made by this section shall apply to gifts made on or after the date of the enactment of this Act. (f) Transition rule (1) In general For purposes of applying sections 1015(d), 2502, and 2505 of the Internal Revenue Code of 1986, the calendar year in which this Act is enacted shall be treated as 2 separate calendar years one of which ends on the day before the date of the enactment of this Act and the other of which begins on such date of enactment. (2) Application of section 2504(b) For purposes of applying section 2504(b)
Death Tax Repeal Act of 2021
Universal Giving Pandemic Response and Recovery Act This bill allows individual taxpayers who do not otherwise itemize their tax deductions a deduction in taxable years beginning in 2021 or 2022 for charitable contributions. The deduction is limited to one-third of the standard deduction allowed to such taxpayers.
117 S618 IS: Universal Giving Pandemic Response and Recovery Act U.S. Senate 2021-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 618 IN THE SENATE OF THE UNITED STATES March 9, 2021 Mr. Lankford Mr. Coons Mr. Lee Mrs. Shaheen Mr. Scott of South Carolina Ms. Klobuchar Ms. Collins Ms. Cortez Masto Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify and extend the deduction for charitable contributions for individuals not itemizing deductions. 1. Short title This Act may be cited as the Universal Giving Pandemic Response and Recovery Act 2. Modification and extension of deduction for charitable contributions for individuals not itemizing deductions (a) In general Subsection (p) of section 170 (p) Special rule for taxpayers who do not elect To itemize deductions In the case of a taxable year beginning in 2021 or 2022, the deduction under this subsection for the taxable year shall be equal to so much of the deduction determined under this section (without regard to this subsection) for such taxable year as does not exceed an amount equal to 1/3 . (b) Elimination of penalty (1) In general Section 6662(b) (2) Increased penalty Section 6662 of such Code is amended by striking subsection (l). (3) Conforming amendment Section 6751(b)(2)(A) of such Code is amended by striking 6655, or 6662 (but only with respect to an addition to tax by reason of subsection (b)(9) thereof) or 6655 (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2020.
Universal Giving Pandemic Response and Recovery Act
Defending Our Defenders Act This bill establishes federal criminal offenses involving the murder of federal, state, or local law enforcement officers. Violators are subject to life in prison or death. The bill sets forth aggravating factors (e.g., intent to ambush or prior history of promoting violence against a law enforcement officer) to be considered in determining whether to impose the death penalty.
117 S619 IS: Defending Our Defenders Act U.S. Senate 2021-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 619 IN THE SENATE OF THE UNITED STATES March 9, 2021 Mr. Cotton Committee on the Judiciary A BILL To amend title 18, United States Code, to make the murder of a Federal, State, or local law enforcement officer a crime punishable by life in prison or death. 1. Short title This Act may be cited as the Defending Our Defenders Act 2. Murder of law enforcement officers (a) In general Chapter 51 1123. Murder of law enforcement officers (a) Federal law enforcement officers In the case of an individual who commits an offense described in section 1111 and the victim of the offense is a Federal law enforcement officer (as defined in section 2 of the Law Enforcement Congressional Badge of Bravery Act of 2008 ( 34 U.S.C. 50301 (b) State and local law enforcement officers In the case of an individual who travels in interstate or foreign commerce or uses any facility interstate or foreign commerce, including the mail, telephone, radio, or television, with the intent to commit an offense described in section 1111 or who uses a weapon or instrument that has traveled in interstate or foreign commerce to commit said offense, and the victim of the offense is a State or local law enforcement officer (as defined in section 2 of the Law Enforcement Congressional Badge of Bravery Act of 2008 ( 34 U.S.C. 50301 (c) Aggravating factors In determining whether a sentence of death is to be imposed on a defendant convicted of an offense described in subsection (a) or (b), the jury, or if there is no jury, the court, shall consider, in addition to the factors described in section 3592(c), each of the following aggravating factors for which notice has been given and determine which, if any, exist: (1) Intent to ambush The defendant committed the offense by an act of ambush. (2) Prior statements advocating for or promoting violence against law enforcement officers The defendant has a prior history of advocating for or promoting acts of violence, including murder or assault, against a law enforcement officer. (3) Participation in or affiliation with anarchist or other violence promoting organization The defendant is a member of or affiliated with any organization that the Attorney General or other high ranking law enforcement official has determined to be an anarchist, domestic terrorist, or any other organization or group that actively promotes violence or the overthrow of the Federal Government. (4) Occurrence during organized anti-law enforcement officer activity The offense was committed during a time and in a place when there was active organized activity against or targeting law enforcement officers. (5) Attempt to prevent lawful execution of law enforcement duties The defendant committed the offense in attempt to evade or otherwise prevent the law enforcement officer from carrying out a lawful arrest or other lawful authorized law enforcement activity. (6) Prior threats The defendant has personally made prior threats of violence against a law enforcement officer. (d) Rule of construction Nothing in this section shall be construed as— (1) indicating an intent on the part of Congress to prevent any State, any possession or Commonwealth of the United States, or the District of Columbia, from exercising jurisdiction over any offense over which the State, possession, Commonwealth, or District of Columbia would have jurisdiction in the absence of this section; or (2) depriving State and local law enforcement agencies of responsibility for prosecuting acts that may be violations of this section and that are violations of State or local law. . (b) Table of sections The table of sections for chapter 51 section 1122 1123. Murder of law enforcement officers. .
Defending Our Defenders Act
Duck Boat Safety Enhancement Act of 2021 This bill sets forth requirements related to the safety of amphibious passenger vessels. The U.S. Coast Guard must implement regulations related to the safety of amphibious passenger vessels, including during severe weather emergencies. The Coast Guard may require operators of amphibious passenger vessels to provide reserve buoyancy for such vessels through passive means, including watertight compartmentalization, built-in flotation, or other means, to ensure that such vessels remain afloat and upright in the event of flooding, including when carrying a full complement of passengers and crew. Additionally, the Coast Guard must implement interim safety policies or other measures to require operators of amphibious passenger vessels operating in U.S. waters comply with certain requirements, including to remove the canopies of such vessels for waterborne operations, or to install in such vessels canopies that do not restrict either horizontal or vertical escape by passengers in the event of flooding or sinking. The bill also sets forth requirements for vessels that are not in compliance with the regulations and interim safety policies.
117 S62 IS: Duck Boat Safety Enhancement Act of 2021 U.S. Senate 2021-02-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 62 IN THE SENATE OF THE UNITED STATES January 27, 2021 Mr. Hawley Mr. Blunt Committee on Commerce, Science, and Transportation A BILL To implement recommendations related to the safety of amphibious passenger vessels, and for other purposes. 1. Short title This Act may be cited as the Duck Boat Safety Enhancement Act of 2021 2. Safety requirements for amphibious passenger vessels (a) Safety improvements (1) Buoyancy requirements Not later than 1 year after the date of completion of a Coast Guard contracted assessment by the National Academies of Sciences, Engineering, and Medicine of the technical feasibility, practicality, and safety benefits of providing reserve buoyancy through passive means on amphibious passenger vessels, the Secretary of the department in which the Coast Guard is operating may initiate a rulemaking to prescribe in regulations that operators of amphibious passenger vessels provide reserve buoyancy for such vessels through passive means, including watertight compartmentalization, built-in flotation, or such other means as the Secretary may specify in the regulations, in order to ensure that such vessels remain afloat and upright in the event of flooding, including when carrying a full complement of passengers and crew. (2) Interim requirements Not later than 90 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall initiate a rulemaking to implement interim safety policies or other measures to require that operators of amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (or a successor regulation) comply with the following: (A) Remove the canopies of such vessels for waterborne operations, or install in such vessels a canopy that does not restrict either horizontal or vertical escape by passengers in the event of flooding or sinking. (B) If the canopy is removed from such vessel pursuant to subparagraph (A), require that all passengers don a Coast Guard type-approved personal flotation device before the onset of waterborne operations of such vessel. (C) Install in such vessels at least one independently powered electric bilge pump that is capable of dewatering such vessels at the volume of the largest remaining penetration in order to supplement the vessel’s existing bilge pump required under section 182.520 of title 46, Code of Federal Regulations (or a successor regulation). (D) Verify the watertight integrity of such vessel in the water at the outset of each waterborne departure of such vessel. (b) Regulations required Not later than 2 years after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall initiate a rulemaking for amphibious passenger vessels operating in waters subject to the jurisdiction of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (or a successor regulation). The regulations shall include, at a minimum, the following: (1) Severe weather emergency preparedness Requirements that an operator of an amphibious passenger vessel— (A) check and notate in the vessel’s logbook the National Weather Service forecast before getting underway and periodically while underway; (B) in the case of a watch or warning issued for wind speeds exceeding the wind speed equivalent used to certify the stability of an amphibious passenger vessel, proceed to the nearest harbor or safe refuge; and (C) maintain and monitor a weather monitor radio receiver at the operator station that may be automatically activated by the warning alarm device of the National Weather Service. (2) Passenger safety Requirements— (A) concerning whether personal flotation devices should be required for the duration of an amphibious passenger vessel’s waterborne transit, which shall be considered and determined by the Secretary; (B) that operators of amphibious passenger vessels inform passengers that seat belts may not be worn during waterborne operations; (C) that before the commencement of waterborne operations, a crew member visually check that each passenger has unbuckled the passenger’s seatbelt; and (D) that operators or crew maintain a log recording the actions described in subparagraphs (B) and (C). (3) Training Requirement for annual training for operators and crew of amphibious passengers vessels, including— (A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset of each waterborne departure, identification of weather hazards, and use of National Weather Service resources prior to operation; and (B) training for crewmembers to respond to emergency situations, including flooding, engine compartment fires, man overboard situations, and in water emergency egress procedures. (4) Recommendations from reports Requirements to address recommendations from the following reports, as practicable and to the extent that such recommendations are under the jurisdiction of the Coast Guard: (A) The National Transportation Safety Board’s Safety Recommendation Reports on the Amphibious Passenger Vessel incidents in Table Rock, Missouri, Hot Springs, Arkansas, and Seattle, Washington. (B) The Coast Guard’s Marine Investigation Board reports on the Stretch Duck 7 sinkings at Table Rock, Missouri, and the Miss Majestic sinking near Hot Springs, Arkansas. (5) Interim requirements The interim requirements described in subsection (a)(2), as appropriate. (c) Prohibition on operation of noncompliant vessels Commencing as of the date specified by the Secretary of the department in which the Coast Guard is operating pursuant to subsection (d), any amphibious passenger vessel whose configuration or operation does not comply with the requirements under subsection (a)(2) (or subsection (a)(1), if prescribed) may not operate in waters subject to the jurisdiction of the United States, as defined in section 2.38 of title 33, Code of Federal Regulations (or a successor regulation). (d) Deadline for compliance The regulations and interim requirements described in subsections (a) and (b) shall require compliance with the requirements in the regulations not later than 2 years after the date of enactment of this Act, as the Secretary of the department in which the Coast Guard is operating may specify in the regulations. (e) Report Not later than 180 days after the promulgation of the regulations required under subsection (a), the Commandant of the Coast Guard shall provide a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding the status of the implementation of the requirements included in such regulations.
Duck Boat Safety Enhancement Act of 2021
American Jobs in Energy Manufacturing Act of 2021 This bill revises the definition of qualifying advanced energy project for purposes of the tax credit for such project. Specifically, the bill expands the definition to include property designed to produce energy from water, property designed to produce energy conservation technologies, light-, medium-, or heavy-duty electric or fuel cell vehicles, certain hybrid vehicles, and manufacturing facilities designed to reduce greenhouse gas emissions. The definition also includes projects located in a census tract in which a coal mine closed after 1999 and in which a coal-fired electric generating unit was retired after 2009, and provides additional credit allocations for projects to retool, expand, or build new facilities that make or recycle energy-related products, and for projects in communities where coal mines have closed or coal-fired electric units have been retired.
117 S622 IS: American Jobs in Energy Manufacturing Act of 2021 U.S. Senate 2021-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 622 IN THE SENATE OF THE UNITED STATES March 9, 2021 Mr. Manchin Ms. Stabenow Mr. Daines Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to enhance the qualifying advanced energy project credit. 1. Short title This Act may be cited as the American Jobs in Energy Manufacturing Act of 2021 2. Adjustment of qualifying advanced energy project credit (a) In general Section 48C (1) in subsection (c)(1)— (A) in subparagraph (A)— (i) by inserting , any portion of the qualified investment of which is certified by the Secretary under subsection (d) as eligible for a credit under this section means a project (ii) in clause (i)— (I) by striking a manufacturing facility for the production of an industrial or manufacturing facility for the production or recycling of (II) in clause (I), by inserting water, sun, (III) in clause (II), by striking an energy storage system for use with electric or hybrid-electric motor vehicles energy storage systems and components (IV) in clause (III), by striking grids to support the transmission of intermittent sources of renewable energy, including storage of such energy grid modernization equipment or components (V) in subclause (IV), by striking and sequester carbon dioxide emissions , remove, use, or sequester carbon oxide emissions (VI) by striking subclause (V) and inserting the following: (V) equipment designed to refine, electrolyze, or blend any fuel, chemical, or product which is— (aa) renewable, or (bb) low-carbon and low-emission, , (VII) by striking subclause (VI), (VIII) by redesignating subclause (VII) as subclause (IX), (IX) by inserting after subclause (V) the following new subclauses: (VI) property designed to produce energy conservation technologies (including residential, commercial, and industrial applications), (VII) light-, medium-, or heavy-duty electric or fuel cell vehicles, as well as— (aa) technologies, components, or materials for such vehicles, and (bb) associated charging or refueling infrastructure, (VIII) hybrid vehicles with a gross vehicle weight rating of not less than 14,000 pounds, as well as technologies, components, or materials for such vehicles, or , and (X) in subclause (IX), as so redesignated, by striking and or (iii) by striking clause (ii) and inserting the following: (ii) which re-equips an industrial or manufacturing facility with equipment designed to reduce its greenhouse gas emissions well below current best practices through the installation of— (I) low- or zero-carbon process heat systems, (II) carbon capture, transport, utilization and storage systems, (III) energy efficiency and reduction in waste from industrial processes, or (IV) any industrial technology which significantly reduces greenhouse gas emissions, as determined by the Secretary. . (B) by redesignating subparagraph (B) as subparagraph (C), and (C) by inserting after subparagraph (A) the following new subparagraph: (B) Additional qualifying advanced energy projects The term qualifying advanced energy project (i) which, prior to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 (ii) (I) in which, after December 31, 1999, a coal mine has closed, (II) in which, after December 31, 2009, a coal-fired electric generating unit has been retired, or (III) which is immediately adjacent to a census tract described in subclause (I) or (II). , (2) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (A), by striking this section the American Jobs in Energy Manufacturing Act of 2021 (ii) by striking subparagraph (B) and inserting the following: (B) Limitations (i) Initial allocation The total amount of credits that may be allocated under the program prior to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 (ii) Additional allocation The total amount of credits that may be allocated under the program on or after to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 , (B) in paragraph (2)— (i) in subparagraph (A), by striking 2-year 3-year (ii) in subparagraph (B)— (I) by striking 1 year 18 months (II) by adding at the end the following new sentence: Not later than 180 days after the date on which such evidence was provided by the applicant, the Secretary shall determine whether the requirements of the certification have been met. (iii) by adding at the end the following new subparagraph: (D) Location of project In the case of an applicant which receives a certification, if the Secretary determines that the project has been placed in service at a location which is materially different than the location specified in the application for such project, the certification shall no longer be valid. , (C) in paragraph (3)— (i) by striking subparagraph (A) and inserting the following: (A) shall take into consideration only those projects— (i) where there is a reasonable expectation of commercial viability, and (ii) which will ensure laborers and mechanics employed by contractors and subcontractors in the performance of any qualifying advanced energy project shall be paid wages at rates not less than the prevailing rates on projects of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 , and (ii) in subparagraph (B)— (I) by striking clauses (i) and (ii) and inserting the following: (i) will provide the greatest net impact in avoiding or reducing anthropogenic emissions of greenhouse gases (or, in the case of a project described in subsection (c)(1)(A)(ii), will provide the greatest reduction of greenhouse gas emissions as compared to current best practices), (ii) will provide the greatest domestic job creation (both direct and indirect) during the credit period, , (II) by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively, and (III) by inserting after clause (ii) the following new clause: (iii) will provide the greatest job creation within the vicinity of the project, particularly with respect to— (I) low-income communities (as described in section 45D(e)), and (II) dislocated workers who were previously employed in manufacturing, coal power plants, or coal mining, , and (D) in paragraph (4)— (i) by striking subparagraph (A) and inserting the following: (A) Review and report Not later than 4 years after the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 (i) review the credits allocated under this section as of such date, and (ii) submit a report regarding the allocation of such credits to— (I) the Committee on Finance and the Committee on Energy and Natural Resources of the Senate, and (II) the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives. , and (ii) by adding at the end the following new subparagraph: (D) Special rule For purposes of reallocating credits pursuant to this paragraph, the limitation under paragraph (1)(B)(ii) with respect to allocation of credits to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1) shall not apply. , (3) in subsection (e), by inserting 45Q, section (4) by adding at the end the following new subsection: (f) Technical assistance For purposes of assisting with applications for certification under subsection (d), the Secretary of Energy shall provide technical assistance to any State (or political subdivision thereof), tribe, or economic development organization which, prior to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 (1) had no applicants for certification under such subsection, or (2) had less than 2 qualifying advanced energy projects which received an allocation of credits under such subsection. . (b) Authorization of appropriations To carry out subsection (f) of section 48C (c) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2021.
American Jobs in Energy Manufacturing Act of 2021
Sunshine Protection Act of 2021 This bill makes daylight saving time the new, permanent standard time, effective November 5, 2023. States with areas exempt from daylight saving time may choose the standard time for those areas.
117 S623 IS: Sunshine Protection Act of 2021 U.S. Senate 2021-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 623 IN THE SENATE OF THE UNITED STATES March 9, 2021 Mr. Rubio Mr. Lankford Mr. Blunt Mr. Whitehouse Mr. Wyden Mr. Scott of Florida Mrs. Hyde-Smith Mr. Markey Mr. Hagerty Committee on Commerce, Science, and Transportation A BILL To make daylight saving time permanent, and for other purposes. 1. Short title This Act may be cited as the Sunshine Protection Act of 2021 2. Making daylight saving time permanent (a) Repeal of temporary period for daylight saving time Section 3 of the Uniform Time Act of 1966 ( 15 U.S.C. 260a (b) Advancement of standard time (1) In general The second sentence of subsection (a) of section 1 of the Act of March 19, 1918 (commonly known as the Calder Act 15 U.S.C. 261 (A) by striking 4 hours 3 hours (B) by striking 5 hours 4 hours (C) by striking 6 hours 5 hours (D) by striking 7 hours 6 hours (E) by striking 8 hours by 7 hours (F) by striking 9 hours 8 hours (G) by striking 10 hours; 9 hours; (H) by striking 11 hours 10 hours (I) by striking 10 hours. 11 hours. (2) State exemption Such section is further amended by— (A) redesignating subsection (b) as subsection (c); and (B) inserting after subsection (a) the following: (b) Standard time for certain States and areas The standard time for a State that has exempted itself from the provisions of section 3(a) of the Uniform Time Act of 1966 ( 15 U.S.C. 260a(a) Sunshine Protection Act of 2021 (1) the standard time for such State or area, as the case may be, pursuant to subsection (a) of this section; or (2) the standard time for such State or area, as the case may be, pursuant to subsection (a) of this section as it was in effect on the day before the date of the enactment of the Sunshine Protection Act of 2021 . (3) Conforming amendment Such section is further amended, in the second sentence, by striking Except as provided in section 3(a) of the Uniform Time Act of 1966 ( 15 U.S.C. 260a(a) Except as provided in subsection (b),
Sunshine Protection Act of 2021
Fair Returns for Public Lands Act of 2021 This bill revises the royalty system applicable to leases of public lands for oil and gas production. Specifically, it increases royalty rates, rental rates, and minimum bidding standards for onshore oil and gas leasing. In addition, it establishes a new fee that must be paid by any person who nominates public lands for such leasing. Finally, the bill requires the Department of the Interior to adjust these rates and fees for inflation at least every four years.
117 S624 IS: Fair Returns for Public Lands Act of 2021 U.S. Senate 2021-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 624 IN THE SENATE OF THE UNITED STATES March 9, 2021 Ms. Rosen Mr. Grassley Committee on Energy and Natural Resources A BILL To amend the Mineral Leasing Act to increase certain royalty rates, minimum bid amounts, and rental rates, and for other purposes. 1. Short title This Act may be cited as the Fair Returns for Public Lands Act of 2021 2. Increased onshore oil and gas royalty rates Section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 (1) by striking 12.5 18.75 (2) by striking 12 1/2 18.75 percent 3. Increased minimum bid amount Section 17(b) of the Mineral Leasing Act ( 30 U.S.C. 226(b) (1) in paragraph (1)(B)— (A) by striking the subparagraph designation and all that follows through the period at the end of the first sentence and inserting the following: (B) National minimum acceptable bid (i) In general Except as provided in clauses (ii) and (v), the national minimum acceptable bid shall be $10 per acre. ; (B) in the second sentence— (i) by striking Thereafter, the Secretary (ii) Adjustment The Secretary ; (ii) by striking is necessary: (i) to enhance is necessary— (I) to enhance ; and (iii) by striking (ii) to promote (II) to promote ; (C) in the third sentence, by striking Ninety days (iii) Notification 90 days ; (D) in the fourth sentence, by striking The proposal (iv) NEPA The proposal ; and (E) by adding at the end the following: (v) Exception To ensure a return of fair market value, as determined by the Secretary, the Secretary may establish in a notice of competitive lease sale a minimum acceptable bid applicable to the lease sale or 1 or more parcels within the lease sale that is higher than the national minimum bid under clause (i). ; and (2) in subsection (b)(2)(C), by striking $2 per acre 4. Increased onshore oil and gas rental rates Section 17(d) of the Mineral Leasing Act ( 30 U.S.C. 226(d) (1) by striking $1.50 per acre $3 per acre (2) by striking $2 per acre $5 per acre 5. Fee for expression of interest Section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 (q) Fee for expression of interest (1) In general The Secretary shall charge any person who submits, in accordance with procedures established by the Secretary to carry out this subsection, an expression of interest in leasing land available for disposition under this section for exploration for, and development of, oil or gas a fee, in an amount determined by the Secretary under paragraph (2). (2) Amount The fee authorized under paragraph (1) shall be established by the Secretary in an amount that is determined by the Secretary to be appropriate to cover the aggregate cost of processing an expression of interest under this subsection, but not less than $15 per acre of the area covered by the applicable expression of interest. . 6. Adjustment Section 17 of the Mineral Leasing Act ( 30 U.S.C. 226 (r) Adjustment to certain fees The Secretary shall— (1) not later than 4 years after the date of enactment of the Fair Returns for Public Lands Act of 2021 (2) as the Secretary determines to be necessary to enhance financial returns to the United States or to promote more efficient management of oil and gas resources on Federal land, promulgate regulations adjusting any of the applicable per-acre dollar amounts of fees imposed under subsection (b), (d), or (q) or subsection (e) or (f) of section 31, as applicable. . 7. Reinstatement of competitive leases Section 31 of the Mineral Leasing Act ( 30 U.S.C. 188 (1) in subsection (e)— (A) by striking paragraph (2) and inserting the following: (2) payment of back rentals and the inclusion in a reinstated lease of a requirement for future rentals at a rate of not less than $20 per acre per year; ; (B) in paragraph (3)— (i) in subparagraph (A)— (I) by striking the subparagraph designation; (II) by striking issued pursuant to the provisions of section 17(b) of this Act (III) by striking 16 2/3 25 (IV) by inserting and (ii) by striking subparagraph (B); and (C) in the second sentence of the undesignated matter following paragraph (4), by striking , but not to exceed $500 (2) in subsection (f)— (A) in paragraph (3), by striking $5 $10 (B) in paragraph (4), by striking 12 1/2 25 8. Fiscal reform study and report (a) In general The Comptroller General of the United States shall offer to enter into an arrangement with the National Academy of Sciences under which the National Academy of Sciences, in cooperation with the Comptroller General of the United States, shall conduct a study evaluating the efficiency and effectiveness of the implementation of this Act and the amendments made by this Act. (b) Considerations The study conducted under subsection (a) shall include consideration of— (1) the systems of the Department of the Interior for collecting and auditing payments under this Act and the amendments made by this Act; (2) the performance of the stewardship of the Department of the Interior and the disposition of receipts by the Department of the Interior in carrying out this Act and the amendments made by this Act; and (3) the performance of the valuation approach carried out under this Act and the amendments made by this Act, including a review of whether other approaches could more fully capture foregone revenue of leasing in low-market conditions in light of other possible economic uses at different points in the future. (c) Report If the Comptroller General of the United States enters into an arrangement with the National Academy of Sciences under subsection (a), not earlier than 3, but not later than 5, years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report that describes the results of the study conducted under that subsection.
Fair Returns for Public Lands Act of 2021
TRICARE Select Restoration Act This bill eliminates the TRICARE Select annual enrollment fee for beneficiaries who retired from the uniformed services before January 1, 2018.
117 S625 IS: TRICARE Select Restoration Act U.S. Senate 2021-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 625 IN THE SENATE OF THE UNITED STATES March 9, 2021 Mr. Tester Ms. Murkowski Committee on Armed Services A BILL To amend title 10, United States Code, to eliminate the enrollment fee requirement for TRICARE Select for members of the Armed Forces who retired before January 1, 2018. 1. Short title This Act may be cited as the TRICARE Select Restoration Act 2. Elimination of enrollment fee requirement for TRICARE Select for certain retired members of the Armed Forces (a) In general Subsection (e) of section 1075 of title 10, United States Code, is amended to read as follows: (e) Exceptions to certain cost-Sharing amounts for certain retired beneficiaries (1) Notwithstanding subsection (d)— (A) the annual enrollment fee for TRICARE Select for beneficiaries who are former members of the uniformed services who retired before January 1, 2018, shall be $0; and (B) subject to paragraph (2), the annual enrollment fee for TRICARE Select for beneficiaries described in subsection (c)(2)(B) in the retired category who are not described in subparagraph (A) shall be $150 for an individual and $300 for a family. (2) The modified enrollment fee established under paragraph (1)(B) for beneficiaries described in subsection (c)(2)(B) in the retired category shall not apply with respect to the following beneficiaries: (A) Retired members and the family members of such members covered by paragraph (1) of section 1086(c) of this title by reason of being retired under chapter 61 of this title or being a dependent of such a member. (B) Survivors covered by paragraph (2) of such section 1086(c). . (b) Effective date The amendment made by subsection (a) shall apply to annual enrollment fees under TRICARE Select under section 1075 of title 10, United States Code, for coverage under TRICARE Select after December 31, 2021.
TRICARE Select Restoration Act
Lacey Act Amendments of 2021 This bill modifies the injurious wildlife provision of the Lacey Act, which generally prohibits the import and shipment of listed living creatures and their eggs. First, the bill specifies that the prohibition on shipment applies to interstate shipments within the continental United States. Second, the bill authorizes the Department of the Interior to issue an emergency designation prohibiting the importation of a species if necessary to address an imminent threat to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife, or to the wildlife resources of the United States. Third, the bill establishes a presumptive prohibition on the importation of any nonnative species of wild mammal, wild bird, fish (including mollusks and crustacea), amphibian, or reptile, or the eggs of any such species. The presumption may be overcome if Interior determines that the species does not pose a significant risk of invasiveness to the United States.
117 S626 IS: Lacey Act Amendments of 2021 U.S. Senate 2021-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 626 IN THE SENATE OF THE UNITED STATES March 9, 2021 Mr. Rubio Mr. Schatz Committee on Environment and Public Works A BILL To amend title 18, United States Code, to enhance protections against the importation, and transport between States, of injurious species, and for other purposes. 1. Short title This Act may be cited as the Lacey Act Amendments of 2021 2. Amendments (a) In general Section 42 of title 18, United States Code, is amended— (1) in subsection (a)(1)— (A) in the first sentence, by striking shipment between the continental United States transport between the States (B) by inserting after the first sentence the following: Notwithstanding any other provision of law, the Secretary of the Interior may prescribe by regulation an emergency designation prohibiting the importation of any species of wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, or reptiles, or the offspring or eggs of any such species, as injurious to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States, for not more than 3 years, under this subsection, if the Secretary of the Interior determines that such regulation is necessary to address an imminent threat to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States. An emergency designation prescribed under this subsection shall take effect immediately upon publication in the Federal Register, unless the Secretary of the Interior prescribes an effective date that is not later than 60 days after the date of publication. During the period during which an emergency designation prescribed under this subsection for a species is in effect, the Secretary of the Interior shall evaluate whether the species should be designated as an injurious wildlife species under the first sentence of this paragraph. (2) by adding at the end the following: (d) Presumptive prohibition on importation (1) In general Importation into the United States of any species of wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, or reptiles, or the offspring or eggs of any such species, that is not native to the United States and, as of the date of enactment of the Lacey Act Amendments of 2021 (A) during the 1-year period preceding the date of enactment of the Lacey Act Amendments of 2021 (i) imported into the United States; or (ii) transported between the States, any territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States; or (B) the Secretary of the Interior determines, after an opportunity for public comment, that the species does not pose a significant risk of invasiveness to the United States and publishes a notice in the Federal Register of the determination. (2) Rule of construction Nothing in paragraph (1) shall be construed to limit the authority of the Secretary of the Interior under subsection (a)(1). . (b) Conforming amendments Section 42(a) of title 18, United States Code, is amended— (1) in paragraph (2), by inserting and subsection (d) this subsection (2) in paragraph (3)— (A) by striking the foregoing paragraph (1) or subsection (d) (B) by striking this Act this section (3) in paragraph (4), by inserting or subsection (d) this subsection (4) in paragraph (5)— (A) by inserting and subsection (d) this subsection (B) by striking hereunder under such provisions (c) Regulations; effective date (1) Regulations Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall promulgate regulations to define the term minimal quantities (2) Effective date Subsection (d) of section 42 of title 18, United States Code, as added by subsection (a)(2), shall take effect on the date that is 1 year after the date of enactment of this Act.
Lacey Act Amendments of 2021
Energy Storage Tax Incentive and Deployment Act of 2021 This bill allows tax credits for (1) energy storage technologies, and (2) battery storage technology. The bill expands the tax credit for investments in energy property to include equipment that (1) receives, stores, and delivers energy using batteries, compressed air, pumped hydropower, hydrogen storage (including electrolysis), thermal energy storage, regenerative fuel cells, flywheels, capacitors, superconducting magnets, or other technologies identified by the Internal Revenue Service; and (2) has a capacity of at least five kilowatt hours. The bill also expands the tax credit for residential energy efficient property to include expenditures for battery storage technology that (1) is installed on or in connection with a dwelling unit located in the United States and used as a residence by the taxpayer, and (2) has a capacity of at least three kilowatt hours.
117 S627 IS: Energy Storage Tax Incentive and Deployment Act of 2021 U.S. Senate 2021-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 627 IN THE SENATE OF THE UNITED STATES March 9, 2021 Mr. Heinrich Ms. Collins Mr. Schatz Mr. Bennet Mr. Whitehouse Ms. Hirono Ms. Smith Mr. Reed Mr. Booker Mrs. Feinstein Mr. Van Hollen Mr. King Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide tax credits for energy storage technologies, and for other purposes. 1. Short title This Act may be cited as the Energy Storage Tax Incentive and Deployment Act of 2021 2. Energy credit for energy storage technologies (a) In general Subclause (II) of section 48(a)(2)(A)(i) paragraph (3)(A)(i) clause (i) or (ix) of paragraph (3)(A) (b) Energy storage technologies Subparagraph (A) of section 48(a)(3) or or (ix) equipment which receives, stores, and delivers energy using batteries, compressed air, pumped hydropower, hydrogen storage (including electrolysis), thermal energy storage, regenerative fuel cells, flywheels, capacitors, superconducting magnets, or other technologies identified by the Secretary in consultation with the Secretary of Energy, and which has a capacity of not less than 5 kilowatt hours, . (c) Phaseout of credit Paragraph (6) of section 48(a) (1) by striking energy and energy storage (2) by striking paragraph (3)(A)(i) clause (i) or (ix) of paragraph (3)(A) (d) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2020. 3. Residential energy efficient property credit for battery storage technology (a) In general Subsection (a) of section 25D (1) by striking and (2) by adding at the end the following new paragraph: (7) the qualified battery storage technology expenditures, . (b) Qualified battery storage technology expenditure Subsection (d) of section 25D (7) Qualified battery storage technology expenditure The term qualified battery storage technology expenditure (A) is installed on or in connection with a dwelling unit located in the United States and used as a residence by the taxpayer, and (B) has a capacity of not less than 3 kilowatt hours. . (c) Effective date The amendments made by this section shall apply to expenditures paid or incurred in taxable years beginning after December 31, 2020.
Energy Storage Tax Incentive and Deployment Act of 2021
GAO Database Modernization Act of 2021 This bill requires federal agencies to report to the Government Accountability Office certain information about agency rules that are made ineffective due to an agency action or other reason.
117 S629 IS: GAO Database Modernization Act of 2021 U.S. Senate 2021-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 629 IN THE SENATE OF THE UNITED STATES March 9, 2021 Mr. Scott of Florida Committee on Homeland Security and Governmental Affairs A BILL To amend chapter 8 1. Short title This Act may be cited as the GAO Database Modernization Act of 2021 2. Rules no longer in effect Section 801(a)(1) of title 5, United States Code, is amended by adding at the end the following: (D) For any rule submitted under subparagraph (A), if the Federal agency promulgating the rule, in whole or in part, revokes, suspends, replaces, amends, or otherwise makes the rule ineffective, or the rule is made ineffective for any other reason, the Federal agency shall submit to the Comptroller General a report containing— (i) the title of the rule; (ii) the Federal Register citation for the rule, if any; (iii) the date on which rule was submitted to the Comptroller General; and (iv) a description of the provisions of the rule that are being revoked, suspended, replaced, amended, or otherwise made ineffective. .
GAO Database Modernization Act of 2021
Unlocking Opportunities in Emerging Markets Act of 2021 This bill establishes the Office of Emerging Markets within the Small Business Administration to oversee the planning, coordination, implementation, evaluation, and improvement of efforts to enhance the economic well-being of small business concerns in emerging markets.
117 S63 IS: Unlocking Opportunities in Emerging Markets Act of 2021 U.S. Senate 2021-01-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 63 IN THE SENATE OF THE UNITED STATES January 27, 2021 Mr. Cardin Ms. Duckworth Ms. Hirono Committee on Small Business and Entrepreneurship A BILL To establish an Office of Emerging Markets within the Small Business Administration that will strengthen the development of small business concerns in emerging markets, including those owned by women, minorities, veterans, and those located in rural areas, and for other purposes. 1. Short title This Act may be cited as the Unlocking Opportunities in Emerging Markets Act of 2021 2. Office of Emerging Markets Section 7 of the Small Business Act ( 15 U.S.C. 636 (o) Office of Emerging Markets (1) Definitions In this subsection— (A) the term Associate Administrator (B) the term Director (C) the term microloan program (D) the term Reservist (E) the term rural area (F) the term service-connected (G) the term small business concern in an emerging market (i) that is located in— (I) a low-income or moderate-income area for purposes of the Community Development Block Grant Program under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 (II) a HUBZone, as that term is defined in section 31(b); (III) a community that has been designated as an empowerment zone or an enterprise community under section 1391 (IV) a community that has been designated as a Promise Zone by the Secretary of Housing and Urban Development; (V) a community that has been designated as a qualified opportunity zone under section 1400Z–1 (VI) a rural area; (ii) that has more than 50 percent of employees residing in a low- or moderate-income community; (iii) that is growing, newly established, or a startup, as those terms are used in subsection (m); (iv) owned and controlled by socially and economically disadvantaged individuals, including Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, and other minorities; (v) owned and controlled by women; (vi) owned and controlled by veterans; (vii) owned and controlled by service-disabled veterans; or (viii) not less than 51 percent owned and controlled by one or more— (I) members of the Armed Forces participating in the Transition Assistance Program of the Department of Defense; (II) Reservists; (III) spouses of veterans, members of the Armed Forces, or Reservists; (IV) surviving spouses of veterans who died on active duty or as a result of a service-connected disability; or (V) individuals with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 (2) Establishment There is established within the Administration the Office of Emerging Markets, which shall be— (A) under the general management and oversight of the Administration; and (B) responsible for the planning, coordination, implementation, evaluation, and improvement of the efforts of the Administrator to enhance the economic well-being of small business concerns in an emerging market. (3) Director (A) In general Not later than 180 days after the date of enactment of the Unlocking Opportunities in Emerging Markets Act of 2021 (i) supervise the Office of Emerging Markets and report to the Associate Administrator; and (ii) be in the Senior Executive Service. (B) Duties The Director shall— (i) create and implement strategies and programs that provide an integrated approach to the development of small business concerns in an emerging market; (ii) develop and recommend policies concerning the microloan program and any other access to capital program of the Administration, as such programs pertain to small business concerns in an emerging market; (iii) establish partnerships to advance the goal of improving the economic success of small business concerns in an emerging market; and (iv) review the effectiveness and impact of the microloan program and any other access to capital program of the Administration that is targeted to serve small business concerns in an emerging market. (C) Consultation In carrying out the duties under this paragraph, the Director shall consult with district offices of the Administration. .
Unlocking Opportunities in Emerging Markets Act of 2021
COVID-19 Mental Health Research Act This bill requires the National Institute of Mental Health to support mental health research activities related to COVID-19 (i.e., coronavirus disease 2019). The institute must coordinate these activities with other components of the National Institutes of Health.
117 S631 IS: COVID–19 Mental Health Research Act U.S. Senate 2021-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 631 IN THE SENATE OF THE UNITED STATES March 9, 2021 Ms. Klobuchar Mr. Kaine Committee on Health, Education, Labor, and Pensions A BILL To direct the Secretary of Health and Human Services, acting through the Director of the National Institute of Mental Health, to conduct or support research on the mental health consequences of SARS–CoV–2 or COVID–19, and for other purposes. 1. Short title This Act may be cited as the COVID–19 Mental Health Research Act 2. Research on the mental health impact of COVID–19 (a) In general The Secretary of Health and Human Services (in this section referred to as the Secretary (b) Use of funds Research under subsection (a) may include— (1) research on the mental health impact of SARS–CoV–2 or COVID–19 on health care providers, including— (A) traumatic stress; (B) psychological distress; (C) psychiatric disorders; and (D) longer-term stress, including burnout; (2) research on the impact of SARS–CoV–2 or COVID–19 stressors on mental health over time; (3) research to strengthen the mental health response to SARS–CoV–2 or COVID–19, including adapting to and maintaining or providing additional services for new or increasing mental health needs; (4) research on the reach, efficiency, effectiveness, and quality of digital mental health interventions; (5) research on the effectiveness of strategies for implementation and delivery of evidence-based mental health interventions and services for underserved populations; (6) research on suicide prevention; (7) research on the impact of SARS–CoV–2 or COVID–19 on the mental health of specific populations, including children and adolescents, women, older adults, individuals with disabilities, and members of racial and ethnic minority groups; and (8) research on the impact of SARS–CoV–2 or COVID–19 on the mental health of individuals experiencing long-term symptoms or side effects after infection. (c) Research coordination The Secretary shall coordinate activities under this section with similar activities conducted by national research institutes and centers of the National Institutes of Health to the extent that such institutes and centers have responsibilities that are related to the mental health consequences of SARS–CoV–2 or COVID–19. (d) Authorization of appropriations To carry out this section, there is authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. (e) Supplement not supplant Amounts made available to carry out this section shall be used to supplement, and not supplant, other funding made available to the National Institute of Mental Health.
COVID–19 Mental Health Research Act
Last Green Valley National Heritage Corridor and the Upper Housatonic Valley National Heritage Area Reauthorization Act This bill reauthorizes through FY2036 the Last Green Valley National Heritage Corridor and the Upper Housatonic Valley National Heritage Area in Connecticut and Massachusetts. The bill also repeals the limitation on the total amount of funding that may be appropriated for the corridor and heritage area.
109 S635 IS: The Last Green Valley National Heritage Corridor and the Upper Housatonic Valley National Heritage Area Reauthorization Act U.S. Senate 2021-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 635 IN THE SENATE OF THE UNITED STATES March 9, 2021 Mr. Murphy Mr. Blumenthal Mr. Markey Committee on Energy and Natural Resources A BILL To reauthorize The Last Green Valley National Heritage Corridor and the Upper Housatonic Valley National Heritage Area, and for other purposes. 1. Short title This Act may be cited as the The Last Green Valley National Heritage Corridor and the Upper Housatonic Valley National Heritage Area Reauthorization Act 2. Reauthorization of The Last Green Valley National Heritage Corridor and the Upper Housatonic Valley National Heritage Area (a) Last Green Valley National Heritage Corridor (1) Reauthorization Section 106(b) of the Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 ( 54 U.S.C. 320101 Public Law 103–449 2021 2036 (2) Repeal of total funding cap Section 109(a) of the Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 ( 54 U.S.C. 320101 Public Law 103–449 (b) Upper Housatonic Valley National Heritage Area (1) Repeal of total funding cap Section 280A(a) of the Upper Housatonic Valley National Heritage Area Act ( 54 U.S.C. 320101 Public Law 109–338 (2) Reauthorization Section 280B of the Upper Housatonic Valley National Heritage Area Act ( 54 U.S.C. 320101 Public Law 109–338 15 years 30 years
The Last Green Valley National Heritage Corridor and the Upper Housatonic Valley National Heritage Area Reauthorization Act
Billion Dollar Boondoggle Act of 2021 This bill directs the Office of Management and Budget to issue guidance requiring federal agencies to report annually to Congress regarding certain federally funded projects that are (1) more than five years behind schedule, or (2) have expenditures that are at least $1 billion more than the original cost estimate for the project.
117 S636 IS: Billion Dollar Boondoggle Act of 2021 U.S. Senate 2021-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 636 IN THE SENATE OF THE UNITED STATES March 9, 2021 Ms. Ernst Mr. Peters Mr. Braun Committee on Homeland Security and Governmental Affairs A BILL To require the Director of the Office of Management and Budget to submit to Congress an annual report on projects that are over budget and behind schedule, and for other purposes. 1. Short title This Act may be cited as the Billion Dollar Boondoggle Act of 2021 2. Annual report (a) Definitions In this section— (1) the term covered agency (A) an Executive agency, as defined in section 105 of title 5, United States Code; and (B) an independent regulatory agency, as defined in section 3502 of title 44, United States Code; (2) the term covered project (A) that is more than 5 years behind schedule; or (B) for which the amount spent on the project is not less than $1,000,000,000 more than the original cost estimate for the project; and (3) the term project 2 U.S.C. 900(c) (b) Requirement Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue guidance requiring covered agencies to include, on an annual basis in a report described in paragraph (2) of section 3516(a) of title 31, United States Code, or a consolidated report described in paragraph (1) of such section, information relating to each covered project of the covered agency, which shall include— (1) a brief description of the covered project, including— (A) the purpose of the covered project; (B) each location in which the covered project is carried out; (C) the contract or award number of the covered project, where applicable; (D) the year in which the covered project was initiated; (E) the Federal share of the total cost of the covered project; and (F) each primary contractor, subcontractor, grant recipient, and subgrantee recipient of the covered project; (2) an explanation of any change to the original scope of the covered project, including by the addition or narrowing of the initial requirements of the covered project; (3) the original expected date for completion of the covered project; (4) the current expected date for completion of the covered project; (5) the original cost estimate for the covered project, as adjusted to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics; (6) the current cost estimate for the covered project, as adjusted to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics; (7) an explanation for a delay in completion or an increase in the original cost estimate for the covered project, including, where applicable, any impact of insufficient or delayed appropriations; and (8) the amount of and rationale for any award, incentive fee, or other type of bonus, if any, awarded for the covered project.
Billion Dollar Boondoggle Act of 2021
Supporting Early-Career Researchers Act This bill authorizes the National Science Foundation (NSF) to establish a two-year pilot program to award grants to highly qualified early-career investigators to carry out an independent research program at the institution of higher education chosen by such investigator, to last for a period not greater than two years. In awarding grants, the NSF shall give priority to (1) early-career investigators who are from groups that are underrepresented in scientific research, and (2) early-career investigators who choose to carry out independent research at a minority-serving institution.
117 S637 IS: Supporting Early-Career Researchers Act U.S. Senate 2021-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 637 IN THE SENATE OF THE UNITED STATES March 9, 2021 Mr. Blumenthal Mr. Merkley Mr. Coons Mr. Brown Mr. Van Hollen Ms. Klobuchar Ms. Hirono Committee on Commerce, Science, and Transportation A BILL To forestall the loss of research talent by establishing a temporary early career research fellowship program. 1. Short title This Act may be cited as the Supporting Early-Career Researchers Act 2. Findings Congress finds the following: (1) The Nation’s universities and industrial research labs are facing unprecedented budget pressure as part of the COVID–19 health crisis, resulting in considerably fewer openings for research and teaching positions. (2) Emergency funding is needed to forestall the loss of research talent likely to occur if early-career researchers are forced to seek employment outside of research due to the sharp economic decline caused by the COVID–19 health crisis. 3. Early-career research fellowship program (a) In general The Director of the National Science Foundation may establish a 2-year pilot program to award grants to highly qualified early-career investigators to carry out an independent research program at the institution of higher education chosen by such investigator, to last for a period not greater than 2 years. (b) Institution of higher education defined The term institution of higher education 20 U.S.C. 1001 (c) Priority for broadening participation In awarding grants under this section, the Director of the National Science Foundation shall give priority to— (1) early-career investigators who are from groups that are underrepresented in scientific research; and (2) early-career investigators who choose to carry out independent research at a minority-serving institution. 4. Reports (a) Reports from grantees Not later than 180 days after the end of the pilot program under section 3, each early-career investigator who receives a grant under this Act shall submit a report to the Director of the National Science Foundation that describes how the early-career investigator used the grant funds under this Act. (b) Report to Congress Not later than 180 days after the deadline for the submission of the reports described in subsection (a), the Director of the National Science Foundation shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives that contains a summary of the uses of grant funds and the impact of the grant program under this Act.
Supporting Early-Career Researchers Act
Promoting Infrastructure by Protecting Our Subcontractors and Taxpayers Act This bill revises the transportation infrastructure finance and innovation program to require the Department of Transportation (DOT) to ensure that the design and construction of a project carried out under the program must have appropriate payment and performance security, regardless of whether the obligor is a state, local government, agency or instrumentality of a state or local government, public authority, or private party. DOT may accept such payment and performance security requirements if it makes a written determination that the federal interest is adequately protected.
117 S638 IS: Promoting Infrastructure by Protecting Our Subcontractors and Taxpayers Act U.S. Senate 2021-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 638 IN THE SENATE OF THE UNITED STATES March 9, 2021 Mr. Van Hollen Mr. Rounds Committee on Environment and Public Works A BILL To amend title 23, United States Code, to include a payment and performance security requirement for certain infrastructure financing, and for other purposes. 1. Short title This Act may be cited as the Promoting Infrastructure by Protecting Our Subcontractors and Taxpayers Act 2. Federal requirements for TIFIA eligibility and project selection (a) In general Section 602(c) of title 23, United States Code, is amended by adding at the end the following: (3) Payment and performance security (A) In general The Secretary shall ensure that the design and construction of a project carried out with assistance under the TIFIA program shall have appropriate payment and performance security, regardless of whether the obligor is a State, local government, agency or instrumentality of a State or local government, public authority, or private party. (B) Written determination If payment and performance security is required to be furnished by applicable statute or regulation, the Secretary may accept such payment and performance security requirements applicable to the obligor if the Secretary has made a written determination that the Federal interest with respect to Federal funds and other project risk related to design and construction is adequately protected. (C) No determination or applicable requirements If a determination under this paragraph has not been made or there are no payment and performance security requirements applicable to the obligor, the security under section 3131(b) of title 40 shall be required. . (b) Applicability The amendments made by this Act shall apply with respect to any contract entered into on or after the date of enactment of this Act.
Promoting Infrastructure by Protecting Our Subcontractors and Taxpayers Act
Grandfamilies Technical Assistance Center Act This bill provides additional FY2021 funding for the Administration for Community Living to establish a National Technical Assistance Center on Grandfamilies and Kinship Families. The center must provide technical assistance to government agencies, nonprofits, and other community-based organizations that support kinship caregiver families. The focus must be on families in which the primary caregiver is 55 years or older or the child has one or more disabilities.
117 S639 IS: Grandfamilies Technical Assistance Center Act U.S. Senate 2021-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 639 IN THE SENATE OF THE UNITED STATES March 9, 2021 Mr. Casey Committee on Health, Education, Labor, and Pensions A BILL To establish a National Technical Assistance Center on Grandfamilies and Kinship Families 1. Short title This Act may be cited as the Grandfamilies Technical Assistance Center Act 2. National Technical Assistance Center on Grandfamilies and Kinship Families (a) In general In addition to amounts otherwise available, there is appropriated to the Secretary of Health and Human Services, acting through the Administrator of the Administration for Community Living, out of any money in the Treasury not otherwise appropriated, $10,000,000 for fiscal year 2021, to remain available through September 30, 2025, to establish, directly or through grants or contracts, a National Technical Assistance Center on Grandfamilies and Kinship Families (in this section referred to as the Center (b) Activities of the Center The Center shall— (1) engage experts to stimulate the development of new and identify existing evidence-based, evidence-informed, and exemplary practices or programs related to health promotion (including mental health and substance use disorder treatment), education, nutrition, housing, financial needs, legal issues, disability self-determination, caregiver support, and other issues to help serve caregivers, children, and their parents in grandfamilies and kinship families; (2) encourage and support the implementation of the evidence-based, evidence-informed, and exemplary practices or programs identified under paragraph (1) to support grandfamilies and kinship families and to promote coordination of services for grandfamilies and kinship families across systems that support them; (3) facilitate learning across States, territories, Indian Tribes, Tribal organizations, and urban Indian organizations for providing technical assistance, resources, and training related to issues described in paragraph (1) to individuals and entities across systems that directly work with grandfamilies and kinship families; (4) help government programs, nonprofit and other community-based organizations, and Indian Tribes, Tribal organizations, and urban Indian organizations, serving grandfamilies and kinship families, to plan and coordinate responses to assist grandfamilies and kinship families during national, State, Tribal, territorial, and local emergencies and disasters; and (5) assist government programs, and nonprofit and other community-based organizations, in promoting equity and implementing culturally and linguistically appropriate approaches as the programs and organizations serve grandfamilies and kinship families.
Grandfamilies Technical Assistance Center Act
Invest in Our Democracy Act of 2021 This bill directs the Election Assistance Commission (EAC) to provide grants to institutions of higher education to reduce tuition for state or local election officials, employees of such election officials, and employees of the EAC who are enrolled in accredited certificate programs in election administration or cybersecurity at such institutions.
117 S640 IS: Invest in Our Democracy Act of 2021 U.S. Senate 2021-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 640 IN THE SENATE OF THE UNITED STATES March 9, 2021 Ms. Klobuchar Ms. Collins Committee on Rules and Administration A BILL To provide grants to support continuing education in election administration or cybersecurity for election officials and employees. 1. Short title This Act may be cited as the Invest in Our Democracy Act of 2021 2. Sense of Congress It is the sense of Congress that— (1) free and fair elections are central to our democracy; (2) protecting our elections from foreign adversaries is a national security priority; (3) the States conduct elections and it is important to maintain State leadership in election administration; (4) the States deserve Federal support to secure our elections from interference by foreign nations; and (5) election security in the United States will benefit from continued education and investment in the individuals that administer our elections. 3. Supporting continuing education for election officials and employees (a) Program authority and method of distribution The Election Assistance Commission (in this section referred to as the Commission (b) Eligible certificate program enrollee In this section, the term eligible certificate program enrollee (1) is a State or local election official, an employee of a State or local election official, or an employee of the Commission; (2) certifies to the Commission their enrollment in an accredited certificate program in election administration or cybersecurity; and (3) submits to the Commission— (A) a receipt or other verification determined appropriate by the Commission of the tuition amount for such certificate program; and (B) an application at such time, in such manner, and containing such information as the Commission may require. (c) Amount of grants The amount of a grant for an eligible certificate program enrollee under this section for a year shall be an amount equal to 75 percent of the tuition amount for the accredited certificate program in election administration or cybersecurity for the year. (d) Additional definitions In this section: (1) Accredited certificate program in election administration or cybersecurity The term accredited certificate program in election administration or cybersecurity (2) Eligible institution The term eligible institution 20 U.S.C. 1001 (A) offers an accredited certificate program in election administration or cybersecurity; and (B) elects to participate in the program established under this section. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section— (1) $1,000,000 for fiscal year 2023; and (2) such sums as may be necessary for each of fiscal years 2024 through 2030.
Invest in Our Democracy Act of 2021
Landowner Fairness Act This bill limits the use of eminent domain to take private property for the construction and operation of a natural gas pipeline facility. Specifically, this bill ends the legal presumption that natural gas exports are by definition in the public interest. In addition, the Federal Energy Regulatory Commission must consider certain factors in issuing certificates of public convenience and necessity for natural gas projects. Finally, the bill prohibits the holder of a certification of public convenience and necessity from exercising the right of eminent domain for a pipeline designed to export liquefied natural gas to a foreign country.
117 S641 IS: Landowner Fairness Act U.S. Senate 2021-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 641 IN THE SENATE OF THE UNITED STATES March 9, 2021 Mr. Wyden Mr. Merkley Mr. Booker Committee on Commerce, Science, and Transportation A BILL To amend the Natural Gas Act to require the Federal Energy Regulatory Commission to consider certain factors in issuing certificates of public convenience and necessity under that Act, to modify the requirements for the right to exercise eminent domain in construction of pipelines under that Act, to provide that the right of eminent domain may not be exercised under that Act for projects for the exportation of natural gas, and for other purposes. 1. Short title This Act may be cited as the Landowner Fairness Act 2. No presumption of public interest Section 3 of the Natural Gas Act ( 15 U.S.C. 717b (g) No presumption of public interest In determining whether a proposed exportation of natural gas is consistent with the public interest under subsection (a), the Commission, and any other Federal agency that may be involved in the determination, shall not make a presumption that the exportation is consistent with the public interest. . 3. Balancing considerations of public necessity Section 7(e) of the Natural Gas Act ( 15 U.S.C. 717f(e) (1) in the second sentence, by striking The Commission (2) Terms and conditions The Commission ; (2) by striking (e) Except (e) Procedure (1) In general Except ; and (3) by adding at the end the following: (3) Factors for consideration In determining whether a proposed project is or will be required by the present or future public convenience and necessity under paragraph (1), the Commission shall make findings of fact, based on the evidence in the record before the Commission, regarding, at a minimum— (A) the private property rights of any impacted landowners, including viable alternatives to eminent domain proceedings; (B) whether the benefits of the project accrue substantially to the public at large, rather than to the applicant or a limited private interest; (C) the practicability of alternatives and substitutes to the project, including whether there exists available capacity of— (i) natural gas in a similar project; or (ii) a substitute to natural gas; (D) any wildlife and ecological impacts of the project, including impacts recognized in the States and local jurisdictions in which the project is proposed to be located; (E) the net noxious chemical and greenhouse gas emissions that the project would emit or offset during the course of the construction and service life of the project; and (F) the extent to which the project increases environmental and health burdens to low-income communities and communities of color. . 4. Notice to landowners (a) Initial notice to affected landowners Section 7(d) of the Natural Gas Act ( 15 U.S.C. 717f(d) (1) by striking (d) Application for certificates (d) Applications (1) In general An application for a certificate of public convenience and necessity under this section ; and (2) by adding at the end the following: (2) Requirements for notice (A) In general Before serving a notice described in paragraph (1), the applicant shall submit the notice to the Commission for review and approval. (B) Approval The Commission shall only approve a notice under subparagraph (A) if the notice satisfies all applicable requirements of this section. (C) Instructions for motions to intervene A notice described in paragraph (1) shall include complete instructions regarding the method by which a notice recipient can move to intervene, through electronic or paper filing, in the application process, including— (i) a clear statement of the required contents of such a motion to intervene; (ii) a separate, bolded section informing notice recipients that the notice recipients must intervene in the application process to preserve the right to judicial review; and (iii) the deadline for moving to intervene, which shall be not later than the date that is 60 days after the date on which the notice recipient is confirmed to have received the notice. (D) Requirement The applicant shall submit to the Commission, together with the notice under subparagraph (A), a list of all persons to whom the applicant is required to serve the notice, including— (i) the address of each such person; and (ii) after receipt of the notice by each such person, confirmation of receipt of the notice. (E) Disclosure On request by any person, not later than 15 days after the date of receipt of the request, the Commission shall disclose to that person the list submitted under subparagraph (D). . (b) Subsequent notice to affected landowners Section 7(e) of the Natural Gas Act ( 15 U.S.C. 717f(e) (4) Rehearing notice requirement (A) In general Not later than 15 days after the date on which a certificate of public convenience and necessity is issued under paragraph (1), the holder of the certificate of public convenience and necessity shall serve to all persons that received notice under subsection (d) an actual notice of the decision of the Commission to issue the certificate of public convenience and necessity. (B) Contents A notice under subparagraph (A) shall include complete instructions regarding the method by which a notice recipient can petition for a rehearing of the decision of the Commission to issue the certificate of public convenience and necessity, including— (i) the required contents of a petition for rehearing; (ii) a separate, bolded section informing notice recipients that the notice recipients must petition for a rehearing on an issue covered by the certificate to preserve the right to judicial review on that issue; and (iii) information regarding the requirements for rehearing and judicial review under subsections (a) and (b) of section 19 that apply to the petition for rehearing, including a specific reference to any relevant deadlines applicable to the petition. . 5. Requirements for exercise of eminent domain (a) In general Section 7(h) of the Natural Gas Act ( 15 U.S.C. 717f(h) (1) in the second sentence— (A) by striking where the property is situated: Provided, in which the property is situated, subject to the condition that the (B) by striking The practice (2) Practice and procedure The practice ; (2) by striking (h) When any holder (h) Eminent domain (1) In general Except as provided in paragraph (4), in any case in which a holder ; and (3) by adding at the end the following: (3) Requirements (A) In general Subject to subparagraph (B), a holder of a certificate of public convenience and necessity may not exercise the right of eminent domain for a project under this subsection until the latest of, as applicable— (i) the date on which the holder has received all required certifications and authorizations for the project from any Federal agencies (other than the Commission) or State administrative agencies acting pursuant to Federal law; (ii) the date on which the applicant serves each notice in accordance with subsection (e)(4); and (iii) the date on which each timely motion to intervene relating to the certificate under subsection (d)(2)(C) has been acted on by the Commission. (B) Effect of vacated or rescinded certification or authorization If a certification or authorization for a project from any Federal agency (other than the Commission) or State administrative agency acting pursuant to Federal law is rescinded or vacated— (i) the holder of a certificate of public convenience and necessity for the project may not exercise the right of eminent domain for the project under this subsection; and (ii) if land has already been acquired by the exercise of the right of eminent domain under this subsection, construction of the project on that land shall be prohibited. . (b) Limitation on use of eminent domain for exports Section 7(h) of the Natural Gas Act ( 15 U.S.C. 717f(h) (4) Limitation on use of eminent domain for exports A holder of a certificate of public convenience and necessity may not exercise the right of eminent domain under this subsection if the project covered by the certificate is a project to be constructed substantially for the purpose of transporting natural gas to an LNG terminal for export from the United States to a foreign country. . 6. Requirement to execute project only for certain purposes Section 7 of the Natural Gas Act ( 15 U.S.C. 717f (i) Requirement To execute project only for certain purposes The holder of a certificate of public convenience and necessity shall execute the project covered by the certificate only for the purposes that were— (1) expressly described in the application for the certificate; and (2) communicated to— (A) the Commission; (B) the persons that received a notice of the application for the certificate under subsection (d); and (C) the public. . 7. Conditions under which certificate of public convenience and necessity may be rescinded Section 7 of the Natural Gas Act ( 15 U.S.C. 717f (j) Conditions under which certificate may be rescinded (1) In general A certificate of public convenience and necessity shall be rescinded on a determination by the Commission, or on a determination after a rehearing, that— (A) the scope of the project covered by the certificate has changed materially; (B) the rationale of public convenience and necessity by which the Commission issued the certificate has changed; or (C) the applicant has failed to begin substantial construction on the project covered by the certificate, such that the observed delay is not consistent with a prior finding of public convenience and necessity. (2) Failure to initiate substantial construction If the holder of a certificate of public convenience and necessity fails to initiate substantial construction of the project covered by the certificate by the date specified by the certificate, the certificate shall be rescinded on that date. (3) Reapplication The holder of a certificate of public convenience and necessity rescinded under paragraph (1) or (2) may reapply for the certificate in accordance with the applicable requirements of this Act. (4) Requirement Any certificate of public convenience and necessity that is issued by the Commission shall include the condition that title in and to any property that was acquired under subsection (h)(1) by the exercise of the right of eminent domain pursuant to a certificate of public convenience and necessity that was rescinded under paragraph (1) or (2) shall immediately revert to the prior property owner. . 8. Requirements for acquisition of property Section 7 of the Natural Gas Act ( 15 U.S.C. 717f (k) Requirements for acquisition of property (1) Appraisal (A) In general A holder of a certificate of public convenience and necessity seeking to acquire property for the project covered by the certificate by just compensation or the exercise of the right of eminent domain under subsection (h)(1) shall, prior to making an offer of just compensation or exercising that right, appraise the property in accordance with— (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice. (B) Opportunity to accompany appraiser during inspection The owner of any property subject to an appraisal under subparagraph (A), or the designated representative of the owner, shall be given an opportunity to accompany the appraiser during the inspection by the appraiser of the property. (2) Just compensation A holder of a certificate of public convenience and necessity seeking to acquire property for the project covered by the certificate by just compensation shall make the offer of just compensation— (A) in writing; and (B) in an amount that— (i) is not less than the fair market value of the property, as defined by the appraiser; and (ii) includes just compensation for any damages that would result to the remaining property of the owner. (3) Surrender of property The owner of property to be acquired by a holder of a certificate of public convenience and necessity shall not be required to surrender possession of the property before, as applicable— (A) the holder pays the agreed purchase price; or (B) if the property is acquired through a proceeding under which the holder exercised the right of eminent domain under subsection (h)(1), the owner receives the compensation awarded by the court in that proceeding. . 9. Appeal rights to Federal Energy Regulatory Commission (a) In general Section 19(a) of the Natural Gas Act ( 15 U.S.C. 717r(a) (1) in the first sentence, by striking (a) Any person, State, municipality, or State commission aggrieved by an order issued by the Commission in a proceeding under this act to which such person, State, municipality, or State commission is a party may apply (a) Rehearing (1) Petitions for rehearing (A) In general Any person, State, municipality, or State commission that is aggrieved by an order issued by the Commission in a proceeding under this Act to which the person, State, municipality, or State commission is a party may petition ; (2) by striking the second sentence and inserting the following: (B) Limitation No proceeding to review an order of the Commission shall be brought by a person unless the person has submitted to the Commission a petition for rehearing regarding the order in accordance with this paragraph. (C) Contents A petition for rehearing under this paragraph shall describe specifically the one or more grounds on which the petition is based. ; (3) in the third sentence, by striking Upon such application (2) Action by commission (A) In general On receipt of a petition under paragraph (1), ; (4) by striking the fourth and fifth sentences and inserting the following: (B) Effect of failure to act In any case in which the Commission fails to issue a final agency action that is reviewable under subsection (b) with respect to a petition for rehearing by the date that is 60 days after the date on which the petition is filed, the petition shall be deemed to be denied. ; and (5) in the sixth sentence, by striking Until the record in a proceeding shall have been (C) Deadline for action Until the date on which the record relating to a proceeding is . (b) Stay of Commission order Section 19(c) of the Natural Gas Act ( 15 U.S.C. 717r(c) (1) in the second sentence, by striking The commencement (4) Effect of commencement of proceedings The commencement ; (2) in the first sentence, by striking (c) The filing of an application (c) Stay of commission order (1) In general The filing of a petition ; (3) in paragraph (1) (as so designated)— (A) by striking not, unless specifically ordered by the Commission, (B) by inserting during the period in which the Commission is considering the petition for rehearing (4) by inserting after paragraph (1) (as so designated) the following: (2) Effect of grant of rehearing (A) In general If the Commission grants a rehearing on the merits of an order of the Commission pursuant to a petition for rehearing, the order shall be deemed to be nonfinal for purposes of section 7(h). (B) Eminent domain With respect to an order of the Commission that is deemed to be nonfinal under subparagraph (A), beginning on the date on which the rehearing proceedings commence under subsection (b) with respect to the order and ending on the date on which the applicable court issues a final judgment and decree under that subsection with respect to the order— (i) no district or State court shall have jurisdiction over eminent domain proceedings under section 7(h) that are commenced pursuant to that order; and (ii) the holder of a certificate of public convenience and necessity issued pursuant to the order may not exercise the right of eminent domain under section 7(h). (3) Effect of denial of rehearing If the Commission denies a petition for rehearing or fails to act on the petition for rehearing by the deadline described in subsection (a)(2)(B), the order that is the subject of the petition shall be deemed to be final for all purposes. . (c) Technical amendments Section 19(b) of the Natural Gas Act ( 15 U.S.C. 717r(b) (1) by striking application petition (2) by striking such petition the written petition praying that the order of the Commission be modified or set aside in whole or in part
Landowner Fairness Act
Air Carrier Access Amendments Act of 2021 This bill expands provisions prohibiting discrimination against disabled individuals by an air carrier. Specifically, it enumerates certain actions that an air carrier must take or may not take with respect to a disabled individual. It also requires the Department of Transportation (DOT) to ensure that disabled individuals traveling in air transportation are able to file complaints with DOT in response to disability-related discrimination and receive assistance from DOT through a hotline or comparable electronic means. The bill authorizes an aggrieved individual and the Department of Justice to bring a civil action for discrimination. The Architectural and Transportation Barriers Compliance Board shall prescribe regulations setting forth minimum standards for aircraft with new or existing type certificates to ensure the accessibility of individuals with disabilities, including those who use wheelchairs. The standards shall address, among other things, boarding and deplaning equipment, seating accommodations, lavatories, visually accessible announcements, and proper stowage of assistive devices in the cargo hold to prevent damage.
99 S642 IS: Air Carrier Access Amendments Act of 2021 U.S. Senate 2021-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 642 IN THE SENATE OF THE UNITED STATES March 9, 2021 Ms. Baldwin Mr. Casey Mr. Blumenthal Mr. Markey Mr. Merkley Ms. Duckworth Ms. Hassan Committee on Commerce, Science, and Transportation A BILL To protect the rights of passengers with disabilities in air transportation, and for other purposes. 1. Short title This Act may be cited as the Air Carrier Access Amendments Act of 2021 2. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) In 1986, President Ronald Reagan signed the Air Carrier Access Act of 1986 ( Public Law 99–435 ACAA (2) Despite the effort, individuals, including veterans, with disabilities continue to experience significant barriers to and with traveling in air transportation, such as— (A) damaged assistive devices; (B) inaccessible aircraft, lavatories, and communication media; (C) delayed assistance; (D) treatment of service animals; (E) inadequate disability cultural competency; and (F) a lack of suitable seating accommodations. (b) Sense of Congress The following is the sense of Congress: (1) Access for individuals with disabilities in air transportation must move into the 21st century. Otherwise, individuals with disabilities will be left behind and unable to compete in today’s job market or enjoy the opportunities available to other citizens of the United States. (2) Aircraft must be designed to accommodate individuals with disabilities and air carriers must acquire aircraft that meet broad accessibility standards. (3) The ACAA must be updated to improve access to air transportation for individuals with disabilities. Legislation is necessary for the modernization of standards and requirements that will strengthen accessibility in air transportation, including the accessibility of aircraft. (4) The Department of Transportation and the Architectural and Transportation Barriers Compliance Board (in this section referred to as the Access Board (A) prompt and effective boarding, deplaning, and connections between flights; (B) accommodations, including nonstandard accommodations, that safely facilitate air travel; and (C) better access to airport facilities, including the provision of visually and tactilely accessible announcements and full and equal access to aural communications. (5) Legislation is necessary to ensure that individuals with disabilities have adequate remedies available when air carriers violate the ACAA (including regulations prescribed under the ACAA). (6) Unlike other civil rights statutes, the ACAA does not contain a private right of action, which is critical to the enforcement of civil rights statutes. Legislation is necessary to correct this anomaly. 3. Definitions In this Act: (1) Access Board The term Access Board (2) Air carrier The term air carrier (3) Disability The term disability 42 U.S.C. 12102 Public Law 110–325 (4) Secretary The term Secretary 4. Improving access to air transportation for individuals with disabilities (a) In general Section 41705 of title 49, United States Code, is amended to read as follows: 41705. Accessibility of air transportation for individuals with disabilities (a) In general In providing air transportation, an air carrier may not discriminate against an individual on the basis of a disability, including by taking any of the actions prohibited under subsection (b) or not taking any of the actions required by subsection (c). (b) Prohibited actions (1) In general An air carrier may not— (A) directly or through a contractual, licensing, or other arrangement, discriminate in the full and equal enjoyment (within the meaning of that term under section 302(a) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12182(a) (B) deny the opportunity of an individual or a class of individuals, on the basis of a disability or disabilities of the individual or class, to participate in or benefit from the goods, services, facilities, advantages, accommodations, or other opportunities provided by the air carrier; (C) afford an individual or a class of individuals, on the basis of a disability or disabilities of the individual or class, with the opportunity to participate in or benefit from a good, service, facility, advantage, accommodation, or other opportunity that is not equal to a good, service, facility, advantage, accommodation, or other opportunity afforded to other individuals; (D) subject to paragraph (2), provide an individual or a class of individuals, on the basis of a disability or disabilities of the individual or class, with a good, service, facility, privilege, advantage, accommodation, or other opportunity that is different or separate from a good, service, facility, privilege, advantage, accommodation, or other opportunity provided to other individuals; (E) deny any goods, services, facilities, privileges, advantages, accommodations, or other opportunities to an individual because of the known disability of another individual with whom the individual is known to have a relationship or association; (F) impose or apply eligibility criteria that screen out or have the effect of screening out individuals with disabilities or a class of individuals with disabilities from fully enjoying any good, service, facility, privilege, advantage, accommodation, or other opportunity provided by the air carrier, unless the air carrier can demonstrate that such criteria are necessary for the provision of the good, service, facility, privilege, advantage, accommodation, or other opportunity; (G) directly or through a contractual, licensing, or other arrangement, use standards or criteria or methods of administration— (i) that have the effect of discriminating on the basis of disability; or (ii) that perpetuate the discrimination of others who are subject to common administrative control; (H) purchase or lease an aircraft that does not comply with this section and regulations prescribed under this section; or (I) refurbish an aircraft cabin in an aircraft manufactured before the date of the enactment of the Air Carrier Access Amendments Act of 2021 (2) Exception (A) In general Subject to subparagraph (B), an air carrier may provide an individual or a class of individuals, on the basis of a disability or disabilities of the individual or class, with a good, service, facility, privilege, advantage, accommodation, or other opportunity that is different or separate from the good, service, facility, privilege, advantage, accommodation, or other opportunity provided to other individuals if doing so is necessary to provide the individual or class of individuals with a good, service, facility, privilege, advantage, accommodation, or other opportunity that is as effective as the good, service, facility, privilege, advantage, accommodation, or other opportunity provided to other individuals. (B) Acceptance An individual or a class of individuals shall retain the authority to decide whether to accept or refuse a good, service, facility, privilege, advantage, accommodation, or other opportunity referred to in subparagraph (A). (C) Selection of goods, etc., provided to others If, in accordance with subparagraph (A), an air carrier provides to an individual or a class of individuals a good, service, facility, privilege, advantage, accommodation, or other opportunity that is different or separate from the good, service, facility, privilege, advantage, accommodation, or other opportunity provided to other individuals, the air carrier may not deny to an individual with a disability the opportunity to participate in the good, service, facility, privilege, advantage, accommodation, or other opportunity provided to such other individuals. (c) Required actions An air carrier shall— (1) afford goods, services, facilities, privileges, advantages, accommodations, and other opportunities to an individual with a disability in the most integrated setting appropriate to the needs of the individual; (2) make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford goods, services, facilities, privileges, advantages, accommodations, or other opportunities to individuals with disabilities, unless the air carrier can demonstrate that making such modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, accommodations, or other opportunities; (3) take such measures as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently from other individuals because of the absence of auxiliary aids or services, unless the air carrier can demonstrate that taking such measures would— (A) fundamentally alter the nature of a good, service, facility, privilege, advantage, accommodation, or other opportunity being offered; or (B) result in an undue burden to the air carrier; and (4) (A) remove architectural barriers to equal access by individuals with disabilities to goods, services, facilities, privileges, advantages, accommodations, or other opportunities provided by the air carrier, and communication barriers to such access that are structural in nature, in facilities of the air carrier (whether owned or leased by the air carrier) that were constructed before or altered after the date of the enactment of the Air Carrier Access Amendments Act of 2021 (B) if the air carrier can demonstrate that the removal of a barrier described in subparagraph (A) is not readily achievable, make such goods, services, facilities, privileges, advantages, accommodations, or other opportunities available through alternative methods that are readily achievable. (d) Complaints (1) In general The Secretary of Transportation shall ensure that individuals with disabilities traveling in air transportation are able— (A) to file complaints with the Department of Transportation in response to disability-related discrimination prohibited under this section or regulations prescribed under this section; and (B) to receive assistance from the Department through a toll-free hotline telephone number or comparable electronic means of communication. (2) Notice to passengers with disabilities Each air carrier shall include on its publicly available Internet website, any related mobile device application, and online service— (A) the hotline telephone number established under section 42302 or the telephone number for the Aviation Consumer Protection Division of the Department of Transportation and the Department’s disability assistance hotline telephone number or a comparable electronic means of communication; (B) notice that a consumer can file a disability-related complaint with the Aviation Consumer Protection Division; (C) an active link to the Internet website of the Aviation Consumer Protection Division for a consumer to file a disability-related complaint; and (D) notice that the consumer can file a disability-related complaint with the air carrier and the process and any timelines for filing such a complaint. (3) Investigation of complaints (A) In general The Secretary shall— (i) investigate each complaint of a violation of this section or a regulation prescribed under this section; (ii) provide, in writing, to the individual that filed the complaint and the air carrier alleged to have violated this section or a regulation prescribed under this section, the determination of the Secretary with respect to— (I) whether the air carrier violated this section or a regulation prescribed under this section; (II) the facts underlying the complaint; and (III) any action the Secretary is taking in response to the complaint; and (iii) assess civil penalties under section 46301 for each violation of this section (with each individual act of discrimination prohibited under subsection (a), (b), or (c) considered a separate violation of this section). (B) Referral If the Secretary has reasonable cause to believe that any air carrier or group of air carriers is engaged in a pattern or practice of discrimination under this section, or any person or group of persons has been discriminated against under this section and such discrimination raises an issue of general public importance, the Secretary shall, after the assessment of civil penalties, refer the matter to the Attorney General for further action. (C) Publication of data The Secretary shall publish disability-related complaint data in a manner comparable to other aviation consumer complaint data. (D) Review and report The Secretary shall regularly review all complaints received by air carriers alleging discrimination on the basis of disability and shall report annually to Congress on the disposition of such complaints. (e) Civil action (1) Aggrieved persons (A) In general Any person aggrieved by the violation by an air carrier of this section or a regulation prescribed under this section may, during the 2-year period beginning on the date of the violation, bring a civil action in an appropriate district court of the United States. (B) Available relief If a court finds in favor of the plaintiff in a civil action brought under subparagraph (A), the court may award to the plaintiff equitable and legal relief, including compensatory and punitive damages, and shall, in addition to any such relief, award reasonable attorney’s fees, reasonable expert fees, and cost of the action to the plaintiff. (C) Exhaustion of administrative remedies Any person aggrieved by the violation by an air carrier of this section or a regulation prescribed under this section shall not be required to exhaust administrative remedies before bringing a civil action under subparagraph (A). (D) Rule of construction Nothing in this paragraph shall be construed to invalidate or limit other Federal or State laws affording to people with disabilities greater legal rights or protections than those granted by this section. (2) Enforcement by Attorney General (A) In general The Attorney General may bring a civil action on behalf of persons aggrieved by the violation by an air carrier of this section or a regulation prescribed under this section in any appropriate district court of the United States. (B) Authority of court In a civil action under subparagraph (A), the court may— (i) grant any equitable relief that the court considers to be appropriate; (ii) award such other relief as the court considers to be appropriate, including monetary damages to persons aggrieved by the violation by an air carrier of this section or a regulation prescribed under this section, when requested by the Attorney General; and (iii) assess a civil penalty against the air carrier. (f) Rule of construction Nothing in this subchapter shall require an air carrier to permit an individual to participate in or benefit from goods, services, facilities, privileges, advantages, accommodations, or other opportunities if the individual poses a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures or by the provision of auxiliary aids or services. (g) Definitions In this section: (1) Access Board The term Access Board (2) Air carrier The term air carrier (3) Disability The term disability 42 U.S.C. 12102 Public Law 110–325 (4) Readily achievable The term readily achievable (A) the nature and cost of the action needed; and (B) the overall financial resources of the air carrier. . (b) Technical assistance Not later than 180 days after the date of the enactment of this Act, the Secretary shall ensure the availability and provision of appropriate technical assistance manuals to individuals and entities with rights or responsibilities under section 41705 of title 49, United States Code, as amended by subsection (c). (c) Clerical amendment The chapter analysis for chapter 417 41705. Accessibility of air transportation for individuals with disabilities. . 5. Standards (a) Aircraft with new or amended type certificates (1) In general Not later than 18 months after the date of the enactment of this Act, the Access Board shall, in consultation with the Secretary, prescribe regulations setting forth the minimum standards to ensure that aircraft with type certificates under part 21 of title 14, Code of Federal Regulations, issued or amended after the date the regulations are issued, and related boarding and deplaning equipment, are accessible, in terms of design for, transportation of, and communication to, individuals with disabilities, including individuals who use wheelchairs. (2) Covered aircraft, equipment, and features The standards issued under paragraph (1) shall address, at a minimum— (A) boarding and deplaning equipment, including ensuring that there is a route accessible for individuals with disabilities; (B) seating accommodations; (C) lavatories; (D) captioning and audio description of in-flight entertainment and captioning of any other aural communication; (E) individual video displays; (F) visually and tactilely accessible announcements; (G) adequate in-cabin stowage for assistive devices; and (H) proper stowage of assistive devices in the cargo hold to prevent damage. (b) Aircraft with an existing type certificate (1) In general Not later than 1 year after the date of the enactment of this Act, the Access Board shall, in consultation with the Secretary, prescribe regulations setting forth minimum standards to ensure that barriers to the access of individuals with disabilities, including individuals who use wheelchairs, on aircraft with type certificates issued under part 21 of title 14, Code of Federal Regulations, before such date of enactment, are removed to meet basic accessibility needs of individuals with disabilities to the extent readily achievable. (2) Removal of barriers The standards issued under paragraph (1) shall apply at a minimum to stowage of wheelchairs in the cargo hold, captioning and audio description of in-flight entertainment and captioning of any other aural communication, visually and tactilely accessible announcements, individual video displays, and improved access to seating and lavatories in all aircraft. (c) Airport facilities Not later than 1 year after the date of the enactment of this Act, the Access Board shall, in consultation with the Secretary, issue standards under section 41705 of title 49, United States Code (commonly known as the Air Carrier Access Act (d) Websites and kiosks Not later than 1 year after the date of the enactment of this Act, the Access Board shall, in consultation with the Secretary, prescribe regulations setting forth minimum standards to ensure that individuals with disabilities are able to access kiosks and websites in a manner that is equally as effective as individuals without disabilities, with a substantially equivalent ease of use. Such standards shall be consistent with the standards set forth in the Web Content Accessibility Guidelines 2.0 Level AA of the Web Accessibility Initiative of the World Wide Web Consortium or any subsequent version. (e) Regulations Not later than 180 days after the Access Board issues standards under this section, the Secretary shall prescribe such regulations as are necessary to implement those standards, including the requirement to maintain accessible features of aircraft, equipment, and facilities.
Air Carrier Access Amendments Act of 2021
Child Poverty Reduction Act of 2021 This bill requires the Department of Health and Human Services (HHS) and the Census Bureau to take certain actions with respect to poverty measures and data related to child poverty. It also requires the National Academy of Sciences to report annually on child poverty and study other issues, such as policies to reduce intergenerational poverty. Specifically, HHS must enter into an agreement with the Census Bureau to annually report an anchored supplemental poverty measure for individuals under the age of 18 and must otherwise collaborate with the bureau to, for example, correct income data to account for underreporting. Currently, the Census Bureau uses the official poverty measure (based on cash resources) and the supplemental poverty measure (based on both cash and certain noncash resources, such as nutrition assistance program benefits) to measure poverty. Anchoring the supplemental poverty measure fixes the poverty threshold at a given point in time and then adjusts it for inflation. HHS must publish resources on its website related to child poverty, and the Census Bureau must release certain economic and survey data at the same time it releases a specific report related to income, poverty, and health insurance coverage in the United States.
117 S643 IS: Child Poverty Reduction Act of 2021 U.S. Senate 2021-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 643 IN THE SENATE OF THE UNITED STATES March 9, 2021 Mr. Casey Ms. Baldwin Mr. Brown Committee on Finance A BILL To reduce child poverty in the United States, and for other purposes. 1. Short title This Act may be cited as the Child Poverty Reduction Act of 2021 2. Child poverty goal and accountability Title IV of the Social Security Act ( 42 U.S.C. 601 C Child poverty accountability measure 441. National goal to cut child poverty by half (a) Statement of policy It is the policy of the United States to reduce the number of children living in poverty in the United States by half in 10 years. (b) Sense of the Congress It is the sense of the Congress that an effort to reach the goal described in subsection (a) shall include reducing the number of children in deep poverty as well as reducing child poverty among racial or ethnic groups with disparate poverty rates. 442. Establishment of annual reporting (a) Anchored supplemental poverty measure The Secretary shall enter into an agreement with the Bureau of the Census to report an anchored Supplemental Poverty Measure for individuals who have not attained 18 years of age, annually beginning with calendar year 2021. Beginning with the report for calendar year 2022, the report shall be based on poverty thresholds which are adjusted for inflation using the Consumer Price Index for all-urban consumers (as published by the Department of Labor). This subsection shall not be interpreted to require or authorize the replacement of any other calculation or measure reported by the Bureau of the Census. (b) Timing of release of Current Population Survey Annual Social and Economic Supplement microdata The Bureau of the Census shall release the Current Population Survey Annual Social and Economic Supplement microdata for each year as a single file containing the anchored Supplemental Poverty Measure and any other poverty rates the Bureau of the Census reports. The file shall be released at the same time as the Bureau of the Census report on Income, Poverty, and Health Insurance Coverage in the United States. That report, or companion reports, should include poverty statistics and thresholds for the anchored Supplemental Poverty Measure and any other measures the Bureau of the Census reports. (c) Reporting in relation to the territories (1) In general The Secretary shall enter into an agreement with the Bureau of the Census to develop data to report an anchored Supplemental Poverty Measure for Puerto Rico, Guam, the United States Virgin Islands, the Northern Mariana Islands, and American Samoa, as part of the annual report required by subsection (a), not later than the close of fiscal year 2023. (2) Report required if compliance is not feasible If the Secretary determines that it will not be feasible to comply with all or part of paragraph (1), the Secretary shall submit to the Congress, not later than 6 months after the date of the enactment of this section, a report that explains what is not feasible, why it is not feasible, and includes details on what, if anything, would be needed to enable such compliance and by what date compliance could be achieved. (3) Limitations on authorization of appropriations To carry out this subsection, there are authorized to be appropriated to the Secretary a total of not more than $2,000,000 for fiscal years 2021 through 2023. (d) Improving income data for use in annual reporting (1) In general The Secretary shall enter into an agreement with the Bureau of the Census to develop income data with corrections for under-reporting of income data for calculating an anchored Supplemental Poverty Measure as part of the annual report required by subsection (a), not later than the close of fiscal year 2023. (2) Report required if compliance is not feasible If the Secretary determines that it will not be feasible to comply with all or part of paragraph (1), the Secretary shall submit to the Congress, not later than 6 months after the date of the enactment of this section, a report that explains what is not feasible, why it is not feasible, and includes details on what, if anything, would be needed to enable such compliance and by what date compliance could be achieved. 443. Child poverty reports (a) Annual reports on the effect of Federal policies on child poverty in the United States Within 6 months after the date of the enactment of this section, the Secretary shall enter into an agreement with the National Academy of Sciences to submit to the Congress annual reports providing an evidence-based, non-partisan analysis of how Federal policies or programs have contributed to meeting the goal set forth in section 441(a), based on their effect on the anchored Supplemental Poverty Measure for children as reported by the Bureau of the Census pursuant to section 442. (b) Contents of reports (1) In general Each such report— (A) shall analyze how, and the extent to which, Federal policies and programs contribute to meeting the goal referred to in subsection (a) of this section; (B) shall take into account the number of children in deep poverty and child poverty among racial or ethnic groups with disparate poverty rates; (C) shall attempt to ascertain whether each studied policy or program reduces or increases the number of children living in poverty, why the policy or program does so, and the extent to which the policy or program does so; and (D) shall include, to the extent feasible, projections on how such policies or programs would affect the number of children living in poverty in future years, which shall be made on the basis of previously released Current Population Survey Annual Social and Economic Supplement data, and adjusted periodically as new estimates from the Bureau of the Census become available. (2) Data corrections Where feasible, each such report shall correct the underlying Current Population Survey Annual Social and Economic Supplement data, for under-reporting of income and in-kind benefits and shall include estimates using both uncorrected and corrected income data. Because available information with which to produce corrected income data is currently limited and not timely, each such report shall indicate the year to which the corrected income data pertain and other limitations of the data. As soon as corrected income data from the Census Bureau become available under section 442(d), each such report shall use those data. (c) Feasibility review of State and local evidence-Based policies The 1st report under subsection (a) shall include a review of the feasibility of including consideration of State and local evidence-based policies or programs in subsequent such reports, and if the review determines that including the consideration is feasible, then each such report shall include an analysis of the additional policies. (d) Timing Each report for a year under subsection (a) shall be made after the report of the United States Census Bureau on Income, Poverty, and Health Insurance Coverage in the United States for the year is released, and— (1) in the case of the 1st such report, before the beginning of the 1st calendar year that begins more than 6 months after the date of the enactment of this section; or (2) in the case of each subsequent such report, before the end of the year. (e) Limitations on authorization of appropriations To carry out this section, there are authorized to be appropriated not more than— (1) $1,200,000 for fiscal year 2021; and (2) $1,000,000 for each of fiscal years 2022 through 2030. 444. Child poverty reduction strategy clearinghouse The Secretary shall establish, and annually update, on a website of the Department of Health and Human Services, an online collection of resources related to the national child poverty reduction goal established in section 441 of this Act, including— (1) the anchored Supplemental Poverty Measure published under section 442 of this Act; (2) the reports required by section 443 of this Act; (3) the report required by section 3 of the Child Poverty Reduction Act of 2021 (4) the report required by section 4 of the Child Poverty Reduction Act of 2021 (5) links to other relevant Federal reports, analyses, evaluations, and resources related to child poverty as determined by the Secretary. 445. Definitions In this part: (1) Anchored The term anchored (2) Poverty The term poverty (3) Deep poverty The term deep poverty . 3. Update of A Roadmap to Reduce Child Poverty (a) In general Within 36 months after the date of the enactment of this section, the Secretary of Health and Human Services shall enter into an agreement with the National Academy of Sciences to revise and update the National Academies report entitled A Roadmap to Reduce Child Poverty (b) Limitations on authorization of appropriations To carry out subsection (a), there are authorized to be appropriated not more than $2,200,000. 4. Report on reducing long-term, intergenerational child poverty (a) In general Within 6 months after the date of the enactment of this section, the Secretary of Health and Human Services shall enter into an agreement with the National Academy of Sciences to publish, within 36 months after the date of entry into the agreement, a report on evidence-based policies to reduce long-term, intergenerational child poverty, which report shall build on the National Academies report entitled A Roadmap to Reduce Child Poverty (b) Limitations on authorization of appropriations To carry out subsection (a), there are authorized to be appropriated not more than $2,200,000.
Child Poverty Reduction Act of 2021
Rural Hospital Closure Relief Act of 2021 This bill allows additional hospitals to qualify as critical access hospitals (CAHs) that receive special payment under Medicare. Currently, in order to qualify as a CAH under Medicare, a hospital must either (1) be located more than 35 miles (or 15 miles in mountainous regions or areas with only secondary roads) from another hospital, or (2) have been certified prior to January 1, 2006, by the state as a necessary provider of services in the area. The bill allows a hospital to also qualify if the hospital is a small, rural hospital that (1) serves a health professional shortage area, or a high number of low-income individuals or Medicare or Medicaid beneficiaries; (2) has experienced financial losses for two consecutive years; and (3) attests to having a strategic plan to address financial solvency. In addition, the Center for Medicare and Medicaid Innovation must test a new delivery and payment model for rural hospitals that promotes financially sustainable access to care and must establish a corresponding transition process for CAHs.
117 S644 IS: Rural Hospital Closure Relief Act of 2021 U.S. Senate 2021-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 644 IN THE SENATE OF THE UNITED STATES March 9, 2021 Mr. Durbin Mr. Lankford Committee on Finance A BILL To amend title XVIII of the Social Security Act to restore State authority to waive for certain facilities the 35-mile rule for designating critical access hospitals under the Medicare program, and for other purposes. 1. Short title This Act may be cited as the Rural Hospital Closure Relief Act of 2021 2. Restoring State authority to waive the 35-mile rule for certain Medicare critical access hospital designations (a) In general Section 1820 of the Social Security Act ( 42 U.S.C. 1395i–4 (1) in subsection (c)(2)— (A) in subparagraph (B)(i)— (i) in subclause (I), by striking at the end or (ii) in subclause (II), by inserting at the end or (iii) by adding at the end the following new subclause: (III) subject to subparagraph (G), is a hospital described in subparagraph (F) and is certified on or after the date of the enactment of the Rural Hospital Closure Relief Act of 2021 ; and (B) by adding at the end the following new subparagraphs: (F) Hospital described For purposes of subparagraph (B)(i)(III), a hospital described in this subparagraph is a hospital that— (i) is a sole community hospital (as defined in section 1886(d)(5)(D)(iii)), a medicare dependent, small rural hospital (as defined in section 1886(d)(5)(G)(iv)), a low-volume hospital that in 2021 receives a payment adjustment under section 1886(d)(12), a subsection (d) hospital (as defined in section 1886(d)(1)(B)) that has fewer than 50 beds, or, subject to the limitation under subparagraph (G)(i)(I), is a facility described in subparagraph (G)(ii); (ii) is located in a rural area, as defined in section 1886(d)(2)(D); (iii) (I) is located— (aa) in a county that has a percentage of individuals with income that is below 150 percent of the poverty line that is higher than the national or statewide average in 2020; or (bb) in a health professional shortage area (as defined in section 332(a)(1)(A) of the Public Health Service Act); or (II) has a percentage of inpatient days of individuals entitled to benefits under part A of this title, enrolled under part B of this title, or enrolled under a State plan under title XIX that is higher than the national or statewide average in 2019 or 2020; (iv) subject to subparagraph (G)(ii)(II), has attested to the Secretary two consecutive years of negative operating margins preceding the date of certification described in subparagraph (B)(i)(III); and (v) submits to the Secretary— (I) at such time and in such manner as the Secretary may require, an attestation outlining the good governance qualifications and strategic plan for multi-year financial solvency of the hospital; and (II) not later than 120 days after the date on which the Secretary issues final regulations pursuant to section 2(b) of the Rural Hospital Closure Relief Act of 2021 (G) Limitation on certain designations (i) In general The Secretary may not under subsection (e) certify pursuant to a certification by a State under subparagraph (B)(i)(III)— (I) more than a total of 175 facilities as critical access hospitals, of which not more than 20 percent may be facilities described in clause (ii); and (II) within any one State, more than 10 facilities as critical access hospitals. (ii) Facility described (I) In general A facility described in this clause is a facility that as of the date of enactment of this subparagraph met the criteria for designation as a critical access hospital under subparagraph (B)(i)(I). (II) Nonapplication of certain criteria For purposes of subparagraph (B)(i)(III), the criteria described in subparagraph (F)(iv) shall not apply with respect to the designation of a facility described in subclause (I). ; and (2) in subsection (e), by inserting , subject to subsection (c)(2)(G), The Secretary shall (b) Regulations Not later than 120 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue final regulations to carry out this section. (c) Clarification regarding facilities that meet distance or other certification criteria Nothing in this section shall affect the application of criteria for designation as a critical access hospital described in subclause (I) or (II) section 1820(c)(2)(B)(i) of the Social Security Act ( 42 U.S.C. 1395i–4(c)(2)(B)(i) 3. CMI testing of new rural hospital delivery and payment model Section 1115A of the Social Security Act ( 42 U.S.C. 1315a (1) in subsection (b)(2)(A), by adding at the end the following new sentence: “The models selected under this subparagraph shall include the testing of a new rural hospital delivery and payment model (or models), as described in subsection (h).”; and (2) by adding at the end the following new subsection: (h) Testing of new rural hospital delivery and payment model (1) In general (A) Testing The Secretary shall test the implementation of a new rural hospital delivery and payment model (or models) that the Secretary determines would promote financially sustainable ways to ensure patient access to care in rural communities, which may include models under which such hospitals furnish outpatient emergency care services 24 hours a day, 7 days a week for which payment is made under title XVIII based on the amount determined under the prospective payment system for hospital outpatient department services under section 1833(t), plus a fixed rate for the cost of furnishing the emergency services. (B) Promulgation of regulations Not later than 3 years after the date of the enactment of this subsection, the Secretary shall promulgate regulations to test a new rural hospital delivery and payment model (or models) described in subparagraph (A), unless Congress enacts legislation that establishes such a payment model (or models) prior to the promulgation of regulations pursuant to this subparagraph. (2) Transition Effective beginning on the date on which the testing of a new rural hospital delivery and payment model (or models) described in paragraph (1)(A) is implemented under this subsection or such a payment model (or models) is established through the enactment of legislation described in paragraph (1)(B), the Secretary shall provide a process under which— (A) all critical access hospitals may transition to such new model or models under this subsection; and (B) any facility that was designated as a critical access hospital pursuant to a certification by a State under section 1820(c)(2)(B)(i)(III) may revert to the prospective payment model (or models) under which the facility received payment under title XVIII prior to being so designated. .
Rural Hospital Closure Relief Act of 2021
Methane Emissions Reduction Act of 2021 This bill requires the Department of the Treasury to estimate annual methane emissions from each oil and natural gas producing basin and levy a fee for such emissions on each company that produces, gathers, processes, or transmits oil or natural gas. The fees must be used to provide grants through the National Coastal Resilience Fund of the National Fish and Wildlife Foundation.
117 S645 IS: Methane Emissions Reduction Act of 2021 U.S. Senate 2021-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 645 IN THE SENATE OF THE UNITED STATES March 9, 2021 Mr. Whitehouse Mr. Booker Mr. Schatz Committee on Environment and Public Works A BILL To require the Secretary of the Treasury to levy a fee on methane emissions from oil and natural gas facilities, and for other purposes. 1. Short title This Act may be cited as the Methane Emissions Reduction Act of 2021 2. Findings Congress finds that— (1) methane is a potent heat-trapping gas that absorbs 28 to 36 times the quantity of energy that carbon dioxide absorbs over a 100-year period; (2) increased methane concentrations in the atmosphere are responsible for approximately 25 percent of observed global warming; (3) approximately 1/3 (4) recent estimates suggest that methane emissions from oil and natural gas operations in the United States are 60 percent higher than previously believed, representing 2.3 percent of natural gas production; (5) methane emissions from oil and natural gas operations in the United States represent approximately $2,000,000,000 in lost natural gas that could be used to fuel 10,000,000 homes; (6) estimates from the International Energy Agency suggest that 1/2 (7) some oil and natural gas companies have announced plans to reduce methane emissions from the operations of those companies to below 0.2 percent of production, demonstrating that significant reductions in methane emissions are technically and economically feasible; and (8) numerous companies in the United States are developing innovative technologies to allow oil and natural gas companies to more cost-effectively detect and reduce methane emissions. 3. Definitions In this Act: (1) Basin The term basin (2) Empirically determined The term empirically determined (3) Methane The term methane 4 (4) Methane emission The term methane emission (A) oil; or (B) natural gas. (5) Methane fee factor The term methane fee factor (6) Natural gas The term natural gas 33 U.S.C. 1502 (7) Oil The term oil 33 U.S.C. 1502 (8) Percentage of volume lost to the atmosphere The term percentage of volume lost to the atmosphere (A) for companies that use the fee calculated under section 4(b)(2)(B)(i), the percentage determined for the basin under the program established under section 4(a); and (B) for companies that use the fee calculated under clause (iii) of section 4(b)(2)(C), the quotient obtained by dividing— (i) the methane emissions in the basin during the applicable calendar year, as determined by the company using a protocol validated by the Secretary under clause (ii) of that section; by (ii) the total quantity of natural gas produced, gathered, processed, transmitted, or released and lost to the atmosphere by the company in the basin during the applicable calendar year, as determined by the company using a protocol validated by the Secretary under clause (ii) of that section. (9) Secretary The term Secretary 4. Fee on methane emissions (a) Estimate of methane emissions Not later than December 31, 2022, the Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration, shall establish and implement a program to estimate, based on empirically determined, peer-reviewed methane emission rates, annual methane emissions, and methane emission rates (expressed in percentage of natural gas production), from each oil and natural gas producing basin. (b) Fee (1) In general For calendar year 2023 and each calendar year thereafter, the Secretary shall levy a fee on methane emissions on each company that produces, gathers, processes, or transmits oil or natural gas. (2) Amount (A) In general The fee under paragraph (1) shall be calculated in accordance with subparagraph (B) or (C), as applicable. (B) Proportional fee calculation (i) In general Subject to subparagraph (C), the fee under paragraph (1) for a basin in which a company produces, gathers, processes, or transmits oil or natural gas for a calendar year shall be the sum obtained by adding— (I) the product obtained by multiplying— (aa) the difference between— (AA) the percentage of volume lost to the atmosphere in the basin during the calendar year; and (BB) 0.2 percent; (bb) the total quantity of natural gas produced or released and lost to the atmosphere during oil or natural gas production by the company in the basin during the calendar year; and (cc) the methane fee factor for the applicable calendar year; and (II) the product obtained by multiplying— (aa) the difference between— (AA) the percentage of volume lost to the atmosphere in the basin during the calendar year; and (BB) 0.1 percent; (bb) the total quantity of natural gas gathered, processed, or transmitted by the company in the basin during the calendar year; and (cc) the methane fee factor for the applicable calendar year. (ii) Requirement The fee calculated under clause (i) for a company shall be determined on a basin-by-basin basis for each basin in which the company produces, gathers, processes, or transmits oil or natural gas. (C) Alternative fee calculation (i) Opt out A company may opt out of the fee calculated under subparagraph (B) if— (I) the company submits to the Secretary a peer-reviewed protocol for empirically determining, on a basin-by-basin basis for all basins, the total amount of methane emissions that result from oil and natural gas facilities— (aa) that the company operates; or (bb) in which the company has an ownership interest; and (II) the Secretary validates the protocol in accordance with clause (ii). (ii) Validation (I) In general The Secretary may validate a protocol submitted under clause (i)(I) if— (aa) the Secretary determines that the protocol is an accurate and comprehensive empirical method for calculating the methane emissions of the company submitting the protocol; (bb) the protocol— (AA) is peer-reviewed by independent scientists; (BB) is available to the public in its entirety; and (CC) requires the regular collection of data; (cc) all underlying data collected under the protocol are available to the public; and (dd) the Secretary determines that— (AA) to the maximum extent practicable, the company has installed state-of-the-art technologies to detect and eliminate methane leaks from all oil and natural gas facilities the company owns or operates; and (BB) subject to subclause (III), the company has prohibited the venting and flaring of methane, except in emergency circumstances. (II) Timeline A protocol described in clause (i)(I) shall be submitted to the Secretary for validation under subclause (I) not later than June 30 of the calendar year before the calendar year for which the company is seeking to opt out of the fee calculated under subparagraph (B). (III) Emergency circumstances An emergency circumstance for which the venting or flaring of methane is authorized under subclause (I)(dd)(BB) does not include— (aa) venting or flaring of methane from oil wells because the company has failed to develop the infrastructure necessary to capture, process, and transmit methane associated with oil production; or (bb) any claim of economic necessity. (iii) Calculation For a company that has opted out of the fee calculated under subparagraph (B) in accordance with clause (i), the fee under paragraph (1) for a basin in which the company produces, gathers, processes, or transmits oil or natural gas for a calendar year shall be the sum obtained by adding— (I) the product obtained by multiplying— (aa) the difference between— (AA) the percentage of volume lost to the atmosphere in the basin during the calendar year; and (BB) 0.2 percent; (bb) the total quantity of natural gas produced or released and lost to the atmosphere during oil or natural gas production by the company in the basin during the calendar year; and (cc) the methane fee factor for the applicable calendar year; and (II) the product obtained by multiplying— (aa) the difference between— (AA) the percentage of volume lost to the atmosphere in the basin during the calendar year; and (BB) 0.1 percent; (bb) the total quantity of natural gas gathered, processed, or transmitted by the company in the basin during the calendar year; and (cc) the methane fee factor for the applicable calendar year. (iv) Requirement The fee calculated under clause (iii) for a company that opted out of a fee calculated under subparagraph (B) shall be determined on a basin-by-basin basis for each basin in which the company produces, gathers, processes, or transmits oil or natural gas. (D) Methane fee factor (i) Initial cost For calendar year 2023, the methane fee factor shall be $1,800 per ton. (ii) Annual adjustment For each calendar year after 2023, the methane fee factor shall be adjusted to an amount that is equal to the product obtained by multiplying— (I) the methane fee factor for the preceding calendar year; and (II) the percentage obtained by adding— (aa) 102 percent; and (bb) the percentage by which the Consumer Price Index for the calendar year exceeds the Consumer Price Index for the preceding calendar year. (3) Timing Not later than July 1 of each year, the Secretary shall calculate and levy the fee under paragraph (1) for the preceding calendar year. (4) National Coastal Resilience Fund Notwithstanding section 10(b)(2) of the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3709(b)(2) 5. Savings Nothing in this Act— (1) affects the ability to regulate methane emissions under any other provision of law; or (2) preempts a State from regulating or assessing a fee on methane emissions from oil and gas facilities.
Methane Emissions Reduction Act of 2021
Stabilize Medicaid and CHIP Coverage Act of 2021 This bill requires the Children's Health Insurance Program (CHIP) and state Medicaid programs to provide 12-month continuous enrollment for eligible individuals. The bill also establishes bonus payments for states that implement certain Medicaid enrollment and retention policies for specified categories of individuals (e.g., children), such as aligning income eligibility standards with those of other insurance affordability programs.
117 S646 IS: Stabilize Medicaid and CHIP Coverage Act of 2021 U.S. Senate 2021-04-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 646 IN THE SENATE OF THE UNITED STATES March 9, 2021 Mr. Brown Ms. Baldwin Ms. Warren Mr. Whitehouse Committee on Finance A BILL To amend titles XIX and XXI of the Social Security Act to provide for 12-month continuous enrollment under Medicaid and the Children's Health Insurance Program, and for other purposes. 1. Short title This Act may be cited as the Stabilize Medicaid and CHIP Coverage Act of 2021 2. Findings Congress finds the following: (1) Every year millions of people are enrolled in Medicaid and the Children’s Health Insurance Program (in this section referred to as CHIP (2) Data show that the typical enrollee receives Medicaid coverage for about ¾ of the year and that coverage periods are lower for non-elderly, non-disabled adults than for those with disabilities, seniors, and children. (3) Medicaid enrollees with coverage disruption are more likely to be hospitalized for illnesses, like asthma, diabetes, or cardiovascular disease, that can be effectively managed through ongoing primary medical care and medication, are less likely to be screened for breast cancer, and may have poorer cancer outcomes. (4) Children enrolled in CHIP also experience disruptions in health coverage and care. For example, during just a 1-year period, over 1/3 (5) Interruptions in coverage can impair the receipt of effective primary care and lead to expensive hospitalizations or emergency room visits. (6) Unnecessary enrollment, disenrollment, and reenrollment in Medicaid and CHIP result in higher administrative expenses for reenrollment and result in more people uninsured at any given time. (7) Stable coverage under Medicaid and CHIP lowers average monthly medical costs. Continuous enrollment also permits better prevention and disease management, leading to fewer serious illnesses and hospitalizations. (8) Children with stable coverage are less likely to have unmet medical needs, allowing children to receive the preventive care that is necessary to help them grow into healthy adults. 3. 12-month continuous enrollment (a) Requirement of 12-Month continuous enrollment under medicaid (1) In general Section 1902(e)(12) of the Social Security Act ( 42 U.S.C. 1396a(e) (12) 12-month continuous enrollment (A) In general Notwithstanding any other provision of this title, a State plan approved under this title or under any waiver of such plan approved pursuant to section 1115 or section 1915, shall provide that an individual who is determined to be eligible for benefits under such plan (or waiver) shall be considered to meet the eligibility requirements met on the date of application and shall remain eligible and enrolled for such benefits through the end of the month in which the 12-month period (beginning on the date of determination of eligibility) ends. (B) Promoting retention of eligible and enrolled persons beyond 12 months The Secretary shall— (i) identify methods that promote the retention of individuals who are enrolled under the State plan or under a waiver of such plan and who remain eligible for medical assistance beyond the 12-month period described in subparagraph (A); and (ii) actively promote the adoption of such enrollment retention methods by States, which shall include, but not be limited to, issuing guidance and developing resources on State best practices. (C) Enrollment and retention reporting (i) In general Not later than 1 year after the date of enactment of the Stabilize Medicaid and CHIP Coverage Act of 2021 (ii) State reporting requirements At a minimum, the reporting procedures published under clause (i) shall include a description of State eligibility criteria and enrollment procedures under this title and data regarding enrollment and retention using standardized reporting formats determined by the Secretary. (iii) Secretary report and publication (I) In general The Secretary annually shall publish enrollment and retention performance results for all States not later than 6 months after the deadline for each annual State enrollment and retention reporting period. (II) Estimated enrollment continuity ratios Each annual report published by the Secretary under subclause (I) shall include estimates of Medicaid enrollment continuity ratios for each State in accordance with the requirements of subclause (III). (III) Requirements The Secretary shall develop both overall enrollment continuity ratios for all enrollees and separate enrollment continuity ratios for each of the following categories: (aa) Children. (bb) Individuals whose eligibility category is related to having attained age 65. (cc) Individuals whose eligibility category is related to disability or blindness. (dd) Individuals whose eligibility category is related to their status as parents and caretaker relatives of children under 19 or who are otherwise not elderly, blind or disabled adults. . (b) Requirement of 12-Month continuous enrollment under CHIP (1) In general Section 2102(b) of the Social Security Act ( 42 U.S.C. 1397bb(b) (6) Requirement for 12-month continuous enrollment Notwithstanding any other provision of this title, a State child health plan that provides child health assistance under this title through a means other than that described in section 2101(a)(2), shall provide that an individual who is determined to be eligible for benefits under such plan shall be considered to meet the eligibility requirements met on the date of application and shall remain eligible and enrolled for such benefits through the end of the month in which the 12-month period (beginning on the date of determination of eligibility) ends. . (2) Conforming amendments (A) Enrollment and retention provisions Section 2105(a)(4)(A) of the Social Security Act ( 42 U.S.C. 1397ee(a)(4)(A) (i) by striking has elected the option of is in compliance with the requirement for (ii) by striking applying such policy under its State child health plan under this title in compliance with section 2102(b) (B) Application of medicaid retention and reporting requirements Section 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) (i) by redesignating subparagraphs (H) through (S) as subparagraphs (I) through (T), respectively; and (ii) by inserting after subparagraph (G), the following: (H) Subparagraphs (B) and (C) of section 1902(e)(12) (relating to promotion of enrollment beyond 12 months and reporting requirements)(without regard to items (bb), (cc), and (dd) of subparagraph (C)(iii)(III) of that section). . (c) Effective date (1) In general Except as provided in paragraph (2) or (3), the amendments made by subsections (a) and (b) shall apply to determinations (and redeterminations) of eligibility made on or after the date that is 18 months after the date of the enactment of this Act. (2) Extension of effective date for state law amendment In the case of a State plan under title XIX or State child health plan under title XXI of the Social Security Act ( 42 U.S.C. 1396 42 U.S.C. 1397aa (3) Option to implement 12-month continuous eligibility prior to effective date A State may elect through a State plan amendment under title XIX or XXI of the Social Security Act ( 42 U.S.C. 1396 42 U.S.C. 1397aa 4. Preventing the application under chip of coverage waiting periods (a) In general Section 2102(b)(1)(B) of the Social Security Act ( 42 U.S.C. 1397bb(b)(1)(B) (1) in clause (iii)— (A) by striking in the case of in the case of a targeted low-income child (including a child provided dental-only supplemental coverage under section 2110(b)(5)) or in the case of (B) by adding and (2) by striking clause (iv); and (3) by redesignating clause (v) as clause (iv). (b) Conforming amendments Section 2105(c)(10) of the Social Security Act ( 42 U.S.C. 1397ee(c)(10) (c) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. 5. Medicaid performance bonuses for enrollment and retention improvements for certain individuals Section 1903 of the Social Security Act ( 42 U.S.C. 1396b (cc) Performance bonuses for enrollment and retention of low-Income individuals (1) In general A State may qualify for performance bonuses related to the enrollment and retention of individuals (including children) described in section 1902(e)(12)(C)(iii)(III). For purposes of this paragraph, a State meets the condition of this paragraph for such individuals if, for each category of individuals specified in section 1902(e)(12)(C)(iii)(III), the State is implementing at least 3 of the following enrollment and retention provisions (treating each subparagraph as a separate enrollment and retention provision) throughout the entire fiscal year: (A) Aligning treatment of income under medicaid with that of other insurance affordability programs The State implements policies, including prorating income over annual periods, so as to align its treatment of income for purposes of a determination of eligibility for medical assistance with that of other affordability insurance programs with the goal of eliminating inconsistent determinations among these programs. (B) Maintaining coverage for individuals during periods of transition The State implements the following policies: (i) In general Upon determination that an individual is no longer eligible for medical assistance, the State implements policies to maintain eligibility for medical assistance, including enrollment in the managed care organization in which the individual was enrolled at the time of the determination of ineligibility, during the period of time in which— (I) eligibility-related information is transmitted to the other insurance affordability programs; (II) a determination is made as to for which other insurance affordability program the individual is eligible, if any; and (III) coverage in such program and any related managed care organization becomes effective. (ii) Managed care organization continuity The State implements policies to enroll the individual in the managed care organization in which the individual was a member prior to the loss of medical assistance eligibility, if such managed care organization participates in the other insurance affordability program, unless the individual voluntarily selects a separate managed care organization. (C) Enhanced data-sharing between the state and an american health benefit exchange and agencies The State utilizes findings from an American Health Benefit Exchange, an Express Lane Agency (as identified by the State and as described in section 1902(e)(13)(F)), the Social Security Administration, or other agencies administering employment, educational, or social services programs as identified by the State, to document income, residency, age, or other relevant information in determining or renewing eligibility. (D) Eligibility based on pending status The State maintains eligibility for enrollees whose renewal status has not yet been determined and for whom eligibility based on alternative eligibility criteria has not yet been ruled out. (E) Default reenrollment in managed care organization In the case of individuals who are determined to be eligible for medical assistance under this title after the loss of eligibility for fewer than 6 months, and who previously had been members of a managed care organization, the State re-enrolls the individual in the managed care organization in which the individual was a member prior to the loss of eligibility, unless the individual voluntarily selects a separate managed care organization. (2) Performance bonus payment to support 12-month continuous enrollment for medicaid enrollees (A) Authority to make bonus payments (i) In general The Secretary shall make a bonus payment for fiscal years beginning with the first fiscal year that begins on or after the date that is 3 years after the date of enactment of the Stabilize Medicaid and CHIP Coverage Act of 2021 (ii) Regulations Payments to States under this subsection for a fiscal year shall be allocated annually among eligible States in accordance with regulations promulgated by the Secretary not later than the date that is 6 months prior to October 1 of the first fiscal year for which payments are made under this paragraph. (iii) Timing A payment to a State under this subsection for a fiscal year shall be made as a single payment not later than the last day of the first calendar quarter of the succeeding fiscal year. (B) State eligibility for bonus payments A State shall be eligible for bonus payments under this subsection if— (i) the State has adopted at least 3 of the 5 policies described in subparagraphs (A) through (E) of paragraph (1) for each category of individuals specified in section 1902(e)(12)(C)(iii)(III); and (ii) the State is able to demonstrate improvement in the continuity of enrollment by child, aged, blind, and disabled, and adult populations, compared to the State’s baseline performance with respect to continuity of enrollment for such populations in fiscal year 2021 or such later year as the Secretary, by regulation, shall specify. (3) Amounts available for payments (A) In general The total amount of bonus payments made under this subsection for all fiscal years shall be equal to $500,000,000, to be available until expended. (B) Budget authority This paragraph constitutes budget authority in advance of appropriations Acts and represents the obligation of the Secretary to provide for the payment of amounts provided under this paragraph. (4) Uses of enrollment and retention performance bonuses Nothing in this subsection shall prohibit a State from establishing criteria which would permit the State to distribute a portion of the proceeds of any bonus payments received pursuant to this subsection to financially support providers and managed care entities participating under the State plan or under a waiver of such plan who have contributed to improved enrollment and retention activities. .
Stabilize Medicaid and CHIP Coverage Act of 2021
Technical Correction to the Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement Act of 2021 This bill authorizes deposit of specified interest payments into the Shoshone-Paiute Tribes Water Rights Development Fund. This fund was established in 2009 under the water rights settlement agreement for the Shoshone-Paiute Tribes of the Duck Valley Reservation.
117 S648 IS: Technical Correction to the Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement Act of 2021 U.S. Senate 2021-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 648 IN THE SENATE OF THE UNITED STATES March 9, 2021 Ms. Cortez Masto Mr. Crapo Mr. Risch Ms. Rosen Committee on Indian Affairs A BILL To amend the Omnibus Public Land Management Act of 2009 to make a technical correction to the water rights settlement for the Shoshone-Paiute Tribes of the Duck Valley Reservation, and for other purposes. 1. Short title This Act may be cited as the Technical Correction to the Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement Act of 2021 2. Authorization of payment of interest on trust funds established under settlement Section 10807 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 (1) in subsection (b)(3)— (A) by striking There is (A) In general There is ; and (B) by adding at the end the following: (B) Interest payments There is authorized to be appropriated to the Secretary for deposit into the Development Fund the interest that would have accrued during the period beginning on October 1, 2009, and ending on January 25, 2016, on balances held in the Development Fund, as calculated using the applicable rate for interest-bearing obligations of the United States if the amounts in the Development Fund had been invested in accordance with— (i) the Act of April 1, 1880 (21 Stat. 70, chapter 41; 25 U.S.C. 161 (ii) the first section of the Act of June 24, 1938 (52 Stat. 1037, chapter 648; 25 U.S.C. 162a ; and (2) in subsection (c)(3)— (A) by striking There is (A) In general There is ; and (B) by adding at the end the following: (B) Interest payments There is authorized to be appropriated to the Secretary for deposit into the Maintenance Fund the interest that would have accrued during the period beginning on October 1, 2009, and ending on January 25, 2016, on balances held in the Maintenance Fund, as calculated using the applicable rate for interest-bearing obligations of the United States if the amounts in the Maintenance Fund had been invested in accordance with— (i) the Act of April 1, 1880 (21 Stat. 70, chapter 41; 25 U.S.C. 161 (ii) the first section of the Act of June 24, 1938 (52 Stat. 1037, chapter 648; 25 U.S.C. 162a .
Technical Correction to the Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement Act of 2021
American Dream Employment Act of 2021 This bill permits the compensation of congressional employees who hold a current employment authorization document that was issued pursuant to a grant of (1) deferred action, including under the Deferred Action for Childhood Arrivals Program; (2) deferred enforced departure; or (3) temporary protected status. (Generally, these programs and statuses allow eligible aliens to remain and work in the United States.)
117 S650 IS: American Dream Employment Act of 2021 U.S. Senate 2021-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 650 IN THE SENATE OF THE UNITED STATES March 9, 2021 Ms. Cortez Masto Mr. Durbin Ms. Warren Mr. Markey Mr. Blumenthal Mr. Van Hollen Ms. Smith Mr. Padilla Mr. Merkley Mr. Booker Ms. Rosen Mrs. Murray Mrs. Feinstein Mr. Menendez Mr. Wyden Mrs. Gillibrand Mr. Warner Mr. Sanders Ms. Klobuchar Committee on Appropriations A BILL To enable the payment of certain officers and employees of the United States whose employment is authorized pursuant to a grant of deferred action, deferred enforced departure, or temporary protected status. 1. Short title This Act may be cited as the American Dream Employment Act of 2021 2. Certain Federal employees who are beneficiaries of deferred action, deferred enforced departure, or temporary protected status authorized to be paid Section 704 of title VII of division E of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 (1) by striking eligible; or eligible; (2) by striking allegiance to the United States: allegiance to the United States; or (5) is a person who is employed by the House of Representatives or the Senate, and holds a current employment authorization document that was issued pursuant to a grant of deferred action, including under the Deferred Action for Childhood Arrivals Program of the Secretary of Homeland Security, established pursuant to the memorandum from the Secretary of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children 8 U.S.C. 1254a
American Dream Employment Act of 2021
Blue Ridge National Heritage Area Reauthorization Act of 2021 This bill extends through FY2036 the authority of the Department of the Interior to provide assistance for the Blue Ridge National Heritage Area in North Carolina and removes the limitation on the total amount that may be appropriated for the heritage area.
117 S654 IS: Blue Ridge National Heritage Area Reauthorization Act of 2021 U.S. Senate 2021-03-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 654 IN THE SENATE OF THE UNITED STATES March 10, 2021 Mr. Burr Mr. Tillis Committee on Energy and Natural Resources A BILL To reauthorize the Blue Ridge National Heritage Area, and for other purposes. 1. Short title This Act may be cited as the Blue Ridge National Heritage Area Reauthorization Act of 2021 2. Reauthorization of the Blue Ridge National Heritage Area The Blue Ridge National Heritage Area Act of 2003 ( 54 U.S.C. 320101 Public Law 108–108 (1) in subsection (i)— (A) by striking paragraph (1) and inserting the following: (1) In general There is authorized to be appropriated to carry out this section $1,000,000 for each fiscal year. ; and (B) in paragraph (2), by striking subsection (a) paragraph (1) (2) in subsection (j), by striking 2021 2036
Blue Ridge National Heritage Area Reauthorization Act of 2021
Child Welfare Provider Inclusion Act of 2021 This bill generally prohibits the federal government, states, tribal nations, or localities from discriminating or taking adverse action against a child welfare provider that declines to provide services due to the provider's sincerely held religious beliefs or moral convictions. However, government entities may still take adverse action against a provider that declines to provide adoption or foster care services based on race, color, or national origin. The Department of Health and Human Services must withhold a portion of federal funding for family services and child welfare activities from a government entity that discriminates against a child welfare provider in violation of this bill. Child welfare providers may also sue the government entity for such discrimination. A prevailing provider may recover reasonable attorney's fees and costs. Furthermore, government entities that accept certain federal funding for family services and child welfare activities must waive sovereign immunity as a defense to lawsuits brought under this bill. (In many cases, sovereign immunity shields states, territories, tribal nations, and some localities against private suits.)
117 S656 IS: Child Welfare Provider Inclusion Act of 2021 U.S. Senate 2021-03-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 656 IN THE SENATE OF THE UNITED STATES March 10, 2021 Mr. Scott of South Carolina Mr. Tillis Mr. Cotton Mrs. Hyde-Smith Mr. Hawley Mr. Cramer Mr. Risch Mr. Braun Mr. Sasse Mr. Blunt Mr. Lankford Mr. Lee Mr. Cruz Ms. Ernst Mr. Daines Mr. Wicker Mr. Hagerty Mr. Cornyn Mr. Inhofe Mr. Scott of Florida Mrs. Blackburn Mr. Cassidy Mr. Kennedy Committee on Finance A BILL To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children. 1. Short title This Act may be cited as the Child Welfare Provider Inclusion Act of 2021 2. Findings and purposes (a) Findings Congress finds the following: (1) Child welfare service providers, both individuals and organizations, have the inherent, fundamental, and inalienable right to free exercise of religion protected by the United States Constitution. (2) The right to free exercise of religion for child welfare service providers includes the freedom to refrain from conduct that conflicts with their sincerely held religious beliefs. (3) Most States provide government-funded child welfare services through various charitable, religious, and private organizations. (4) Religious organizations, in particular, have a lengthy and distinguished history of providing child welfare services that predates government involvement. (5) Religious organizations have long been and should continue contracting with and receiving grants from governmental entities to provide child welfare services. (6) Religious organizations cannot provide certain child welfare services, such as foster-care or adoption placements, without receiving a government contract, grant or license. (7) Religious organizations display particular excellence when providing child welfare services. (8) Children and families benefit greatly from the child welfare services provided by religious organizations. (9) Governmental entities and officials administering federally funded child welfare services in some States, including Massachusetts, California, Illinois, and the District of Columbia, have refused to contract with religious organizations that are unable, due to sincerely held religious beliefs or moral convictions, to provide a child welfare service that conflicts, or under circumstances that conflict, with those beliefs or convictions; and that refusal has forced many religious organizations to end their long and distinguished history of excellence in the provision of child welfare services. (10) Ensuring that religious organizations can continue to provide child welfare services will benefit the children and families that receive those federally funded services. (11) States also provide government-funded child welfare services through individual child welfare service providers with varying religious and moral convictions. (12) Many individual child welfare service providers maintain sincerely held religious beliefs or moral convictions that relate to their work and should not be forced to choose between their livelihood and adherence to those beliefs or convictions. (13) Because governmental entities provide child welfare services through many charitable, religious, and private organizations, each with varying religious beliefs or moral convictions, and through diverse individuals with varying religious beliefs or moral convictions, the religiously impelled inability of some religious organizations or individuals to provide certain services will not have a material effect on a person’s ability to access federally funded child welfare services. (14) The provisions of this Act are remedial measures that are congruent and proportional to protecting the constitutional rights of child welfare service providers guaranteed under the Fourteenth Amendment to the United States Constitution. (15) Congress has the authority to pass this Act pursuant to its spending clause power and enforcement power under section 5 of the Fourteenth Amendment to the United States Constitution. (b) Purposes The purposes of this Act are as follows: (1) To prohibit governmental entities from discriminating or taking an adverse action against a child welfare service provider on the basis that the provider declines to provide a child welfare service that conflicts, or under circumstances that conflict, with the sincerely held religious beliefs or moral convictions of the provider. (2) To protect child welfare service providers’ exercise of religion and to ensure that governmental entities will not be able to force those providers, either directly or indirectly, to discontinue all or some of their child welfare services because they decline to provide a child welfare service that conflicts, or under circumstances that conflict, with their sincerely held religious beliefs or moral convictions. (3) To provide relief to child welfare service providers whose rights have been violated. 3. Discrimination and adverse actions prohibited (a) In general The Federal Government, and any State that receives Federal funding for any program that provides child welfare services under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 (b) Limitation Subsection (a) does not apply to conduct forbidden by paragraph (18) of section 471(a) of such Act ( 42 U.S.C. 671(a)(18) 4. Funds withheld for violation The Secretary of Health and Human Services shall withhold from a State 15 percent of the Federal funds the State receives for a program that provides child welfare services under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 5. Private right of action (a) In general A child welfare service provider aggrieved by a violation of section 3 may assert that violation as a claim or defense in a judicial proceeding and obtain all appropriate relief, including declaratory relief, injunctive relief, and compensatory damages, with respect to that violation. (b) Attorneys' fees and costs A child welfare service provider that prevails in an action by establishing a violation of section 3 is entitled to recover reasonable attorneys' fees and costs. (c) Waiver of sovereign immunity By accepting or expending Federal funds in connection with a program that provides child welfare services under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 6. Severability If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of the provision to any other person or circumstance shall not be affected. 7. Effective date (a) In general Except as provided in subsection (b), the amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of the enactment of this Act, and the withholding of funds authorized by section 4 shall apply to payments under parts B and E of title IV of the Social Security Act ( 42 U.S.C. 621 (b) Exception If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the 1st regular session of the legislative body that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the governmental entity has a 2-year legislative session, each year of the session is deemed to be a separate regular session. 8. Definitions In this Act: (1) Child welfare service provider The term child welfare service provider (2) Child welfare services The term child welfare services (3) State The term State 42 U.S.C. 679c (4) Funding; funded; funds The terms funding funded funds (5) Adverse action The term adverse action
Child Welfare Provider Inclusion Act of 2021
National Cybersecurity Preparedness Consortium Act of 2021 This bill allows the Department of Homeland Security to work with one or more consortia composed of nonprofit entities to develop, update, and deliver cybersecurity training in support of homeland security.
117 S658 ES: National Cybersecurity Preparedness Consortium Act of 2021 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 117th CONGRESS 1st Session S. 658 IN THE SENATE OF THE UNITED STATES AN ACT To authorize the Secretary of Homeland Security to work with cybersecurity consortia for training, and for other purposes. 1. Short title This Act may be cited as the National Cybersecurity Preparedness Consortium Act of 2021 2. Definitions In this Act— (1) the term consortium (2) the terms cybersecurity risk incident 6 U.S.C. 659(a) (3) the term Department (4) the term Secretary 3. National cybersecurity preparedness consortium (a) In general The Secretary may work with a consortium to support efforts to address cybersecurity risks and incidents. (b) Assistance to the NCCIC The Secretary may work with a consortium to assist the national cybersecurity and communications integration center of the Department (established under section 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 (1) provide training to State and local first responders and officials specifically for preparing for and responding to cybersecurity risks and incidents, in accordance with applicable law; (2) develop and update a curriculum utilizing existing programs and models in accordance with such section 2209, for State and local first responders and officials, related to cybersecurity risks and incidents; (3) provide technical assistance services to build and sustain capabilities in support of preparedness for and response to cybersecurity risks and incidents, including threats of terrorism and acts of terrorism, in accordance with such section 2209; (4) conduct cross-sector cybersecurity training and simulation exercises for entities, including State and local governments, critical infrastructure owners and operators, and private industry, to encourage community-wide coordination in defending against and responding to cybersecurity risks and incidents, in accordance with section 2210(c) of the Homeland Security Act of 2002 ( 6 U.S.C. 660(c) (5) help States and communities develop cybersecurity information sharing programs, in accordance with section 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 (6) help incorporate cybersecurity risk and incident prevention and response into existing State and local emergency plans, including continuity of operations plans. (c) Considerations regarding selection of a consortium In selecting a consortium with which to work under this Act, the Secretary shall take into consideration the following: (1) Any prior experience conducting cybersecurity training and exercises for State and local entities. (2) Geographic diversity of the members of any such consortium so as to cover different regions throughout the United States. (d) Metrics If the Secretary works with a consortium under subsection (a), the Secretary shall measure the effectiveness of the activities undertaken by the consortium under this Act. (e) Outreach The Secretary shall conduct outreach to universities and colleges, including historically Black colleges and universities, Hispanic-serving institutions, Tribal Colleges and Universities, and other minority-serving institutions, regarding opportunities to support efforts to address cybersecurity risks and incidents, by working with the Secretary under subsection (a). 4. Rule of construction Nothing in this Act may be construed to authorize a consortium to control or direct any law enforcement agency in the exercise of the duties of the law enforcement agency. Passed the Senate July 15, 2021. Secretary
National Cybersecurity Preparedness Consortium Act of 2021
South Florida Clean Coastal Waters Act of 2021 This bill addresses harmful algal blooms and hypoxia in the South Florida ecosystem. An algal bloom is a rapid growth of algae that may create toxic or hypoxic (severely low-oxygen) conditions that are harmful to humans, animals, aquatic ecosystems, and the economy. The Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia must assess potential approaches to reduce harmful algal blooms and hypoxia in the ecosystem. The task force must also submit a plan, based on the assessment, for reducing, mitigating, and controlling harmful algal blooms and hypoxia in the region.
117 S66 IS: South Florida Clean Coastal Waters Act of 2021 U.S. Senate 2021-01-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 66 IN THE SENATE OF THE UNITED STATES January 27, 2021 Mr. Rubio Mr. Scott of Florida Committee on Commerce, Science, and Transportation A BILL To require the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia to develop a plan for reducing, mitigating, and controlling harmful algal blooms and hypoxia in South Florida, and for other purposes. 1. Short title This Act may be cited as the South Florida Clean Coastal Waters Act of 2021 2. South Florida harmful algal blooms and hypoxia assessment and action plan (a) In general The Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 ( Public Law 105–383 33 U.S.C. 4001 (1) by redesignating sections 605 through 609 as sections 606 through 610, respectively; and (2) by inserting after section 604 the following: 605. South Florida harmful algal blooms and hypoxia (a) South Florida In this section, the term South Florida (1) all lands and waters within the administrative boundaries of the South Florida Water Management District; (2) regional coastal waters, including Biscayne Bay, the Caloosahatchee Estuary, Florida Bay, Indian River Lagoon, and St. Lucie River Estuary; and (3) the Florida Reef Tract. (b) Integrated assessment (1) Interim integrated assessment Not later than 540 days after the date of enactment of the South Florida Clean Coastal Waters Act of 2021 (2) Finalized integrated assessment Not later than 3 years after the date of enactment of the South Florida Clean Coastal Waters Act of 2021 (3) Contents of integrated assessment The integrated assessment required by paragraphs (1) and (2) shall examine the causes, consequences, and potential approaches to reduce harmful algal blooms and hypoxia in South Florida, and the status of, and gaps within, current harmful algal bloom and hypoxia research, monitoring, management, prevention, response, and control activities that directly affect the region by— (A) Federal agencies; (B) State agencies; (C) regional research consortia; (D) academia; (E) private industry; (F) nongovernmental organizations; and (G) Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (c) Action plan (1) In general Not later than 3 years and 180 days after the date of the enactment of the South Florida Clean Coastal Waters Act of 2021 (2) Contents The plan submitted under paragraph (1) shall— (A) address the monitoring needs identified in the integrated assessment under subsection (b); (B) develop a timeline and budgetary requirements for deployment of future assets; (C) identify requirements for the development and verification of South Florida harmful algal bloom and hypoxia models, including— (i) all assumptions built into the models; and (ii) data quality methods used to ensure the best available data are utilized; and (D) propose a plan to implement a remote monitoring network and early warning system for alerting local communities in the region to harmful algal bloom risks that may impact human health. (3) Requirements In developing the action plan, the Task Force shall— (A) consult with the State of Florida, and affected local and tribal governments; (B) consult with representatives from regional academic, agricultural, industry, and other stakeholder groups; (C) ensure that the plan complements and does not duplicate activities conducted by other Federal or State agencies, including the South Florida Ecosystem Restoration Task Force; (D) identify critical research for reducing, mitigating, and controlling harmful algal bloom events and their effects; (E) evaluate cost-effective, incentive-based partnership approaches; (F) ensure that the plan is technically sound and cost-effective; (G) utilize existing research, assessments, reports, and program activities; (H) publish a summary of the proposed plan in the Federal Register at least 180 days prior to submitting the completed plan to Congress; and (I) after submitting the completed plan to Congress, provide biennial progress reports on the activities toward achieving the objectives of the plan. . (b) Clerical amendment and correction The table of contents in section 2 of the Coast Guard Authorization Act of 1998 ( Public Law 105–383 Title VI—Harmful Algal Blooms and Hypoxia Sec. 601. Short title. Sec. 602. Findings. Sec. 603. Assessments. Sec. 603A. National Harmful Algal Bloom and Hypoxia Program. Sec. 603B. Comprehensive research plan and action strategy. Sec. 604. Northern Gulf of Mexico hypoxia. Sec. 605. South Florida harmful algal blooms and hypoxia. Sec. 606. Great Lakes hypoxia and harmful algal blooms. Sec. 607. Protection of States' rights. Sec. 608. Effect on other Federal authority. Sec. 609. Definitions. Sec. 610. Authorization of appropriations. .
South Florida Clean Coastal Waters Act of 2021
Duplication Scoring Act of 2021 This bill requires the Government Accountability Office to analyze legislation reported by a congressional committee and report on whether the legislation would create a risk of a new duplicative or overlapping program, office, or initiative in an area previously identified as an area of duplication, overlap, or fragmentation.
117 S664 IS: Duplication Scoring Act of 2021 U.S. Senate 2021-03-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 664 IN THE SENATE OF THE UNITED STATES March 10, 2021 Mr. Paul Ms. Hassan Mr. Lankford Ms. Ernst Committee on Homeland Security and Governmental Affairs A BILL To require the Comptroller General of the United States to review certain legislation in order to identify potential risks of duplication of and overlap with existing Federal programs, offices, and initiatives. 1. Short title This Act may be cited as the Duplication Scoring Act of 2021 2. Assessments of reported bills by GAO Section 719 of title 31, United States Code, is amended by adding at the end the following: (i) (1) In this subsection— (A) the term covered bill or joint resolution (B) the term Director (C) the term existing duplicative or overlapping feature (D) the term GAO duplication and overlap report Public Law 111–139 31 U.S.C. 712 (E) the term new duplicative or overlapping feature (2) For each covered bill or joint resolution— (A) the Comptroller General shall, to the extent practicable— (i) determine the extent to which the covered bill or joint resolution creates a risk of a new duplicative or overlapping feature and, if the risk so warrants, identify— (I) the name of the new Federal program, office, or initiative; (II) the section of the covered bill or joint resolution at which the new duplicative or overlapping feature is established; and (III) the GAO duplication and overlap report in which the existing duplicative or overlapping feature is identified; and (ii) submit the information described in clause (i) to the Director and the committee that reported the covered bill or joint resolution; and (iii) publish the information prepared under clause (i) on the website of the Government Accountability Office; and (B) subject to paragraph (3), the Director may include the information submitted by the Comptroller General under subparagraph (A)(ii) as a supplement to the estimate for the covered bill or joint resolution to which the information pertains submitted by the Director under section 402 of the Congressional Budget Act of 1974 ( 2 U.S.C. 653 (3) If the Comptroller General has not submitted to the Director the information for a covered bill or joint resolution under paragraph (2)(A)(ii) on the date on which the Director submits the estimate for the covered bill or joint resolution to which the information pertains under section 402 of the Congressional Budget Act of 1974 ( 2 U.S.C. 653 . 3. Effective date The amendment made by this Act shall take effect on the earlier of— (1) the date that is 60 days after the date on which the Director of the Office of Management and Budget next, in accordance with section 1122(a) of title 31, United States Code, updates the information made available on the website required under that section; or (2) the date on which a new Congress begins after the date that is 1 year after the date of enactment of this Act.
Duplication Scoring Act of 2021
Fuel Choice and Deregulation Act of 2021 This bill revises requirements governing the use of alternative fuels in vehicles. Among other things, the bill revises requirements on aftermarket vehicle conversions that enable older vehicles to use alternative fuels. Under current law, the Environmental Protection Agency (EPA) must certify such conversions. This bill removes such certification requirements. The bill also bans the EPA from prohibiting or controlling biomass fuel. In addition, the bill revises the Corporate Average Fuel Economy standards for certain vehicles that are able to operate on something other than petroleum-based fuel, such as electric vehicles. Finally, the bill revises the Reid Vapor Pressure (RVP) requirements to provide for the year-round sale of ethanol-gasoline fuel blends that contain more than 10% denatured anhydrous ethanol. RVP is a metric of gasoline volatility (i.e., how quickly fuel evaporates into the atmosphere). Current law prohibits the sale of gasoline that exceed certain RVP limits during the high ozone season (i.e., the summer months). However, current law provides waivers from this requirement, including a waiver that gives certain ethanol-gasoline fuel blends containing 10% denatured anhydrous ethanol a higher RVP limit under certain conditions. This bill expands the waiver to include ethanol-gasoline fuel blends containing more than 10% of such ethanol, thus allowing year-round sales of such fuel blends.
117 S667 IS: Fuel Choice and Deregulation Act of 2021 U.S. Senate 2021-03-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 667 IN THE SENATE OF THE UNITED STATES March 10, 2021 Mr. Paul Committee on Environment and Public Works A BILL To provide regulatory relief to alternative fuel producers and consumers, and for other purposes. 1. Short title This Act may be cited as the Fuel Choice and Deregulation Act of 2021 2. Alternative fuels (a) Aftermarket conversions of motor vehicles to alternative fuel Section 203 of the Clean Air Act ( 42 U.S.C. 7522 (c) Older vehicles (1) In general The aftermarket conversion of a motor vehicle to alternative fuel operation shall not— (A) be considered tampering under this section if the aftermarket conversion system manufacturer or the person performing the conversion demonstrates that the development and engineering sophistication of the conversion technology is— (i) matched to an appropriate motor vehicle or group of motor vehicles; and (ii) well-designed and installed in accordance with good engineering judgment so that the aftermarket conversion system does not degrade emission performance, as compared to the performance of the motor vehicle or motor vehicles before the conversion; or (B) require the Administrator to issue a certificate of conformity. (2) Label The person performing a conversion described in paragraph (1) shall affix a label to the motor vehicle stating that— (A) the motor vehicle has been equipped with an aftermarket conversion system; and (B) the installation of that system occurred after the initial sale of the motor vehicle. (3) No preclusion of orders Nothing in this subsection precludes the Administrator from issuing an order to prohibit the manufacture, sale, distribution, or installation of an aftermarket conversion system if the Administrator has evidence that the installation of the aftermarket conversion system on a motor vehicle degrades emission performance. . (b) Biomass fuels Section 211 of the Clean Air Act ( 42 U.S.C. 7545 (w) Biomass fuels Notwithstanding any other provision of this Act, the Administrator may not prohibit or control biomass fuel (as defined in section 203 of the Biomass Energy and Alcohol Fuels Act of 1980 ( 42 U.S.C. 8802 . 3. Calculation of average fuel economy (a) Definitions Section 32901(a) of title 49, United States Code, is amended— (1) by redesignating paragraphs (7) through (19) as paragraphs (8), (9), (10), (13), (16), (17), (19), (20), (21), (22), (23), (24), and (26), respectively; (2) by inserting after paragraph (6) the following: (7) biodiesel (A) means liquid fuel derived from biomass that meets— (i) the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 211 of the Clean Air Act ( 42 U.S.C. 7545 (ii) the requirements of the American Society of Testing Materials Standard D6751; and (B) does not include any liquid with respect to which a credit may be determined under section 40 ; (3) by inserting after paragraph (10) (as so redesignated) the following: (11) E85 (A) contains between 51 and 83 percent ethanol; and (B) meets the specifications of the American Society of Testing Materials Standard D5798. (12) flexible fuel vehicle ; (4) by inserting after paragraph (13) (as so redesignated) the following: (14) fuel choice enabling manufacturer (15) fuel choice enabling vehicle (A) has been warranted to operate on natural gas, hydrogen, propane, or at least 20 percent biodiesel; (B) is a flexible fuel vehicle; (C) is a plug-in electric drive vehicle; (D) is propelled by a fuel cell that can produce power without the use of petroleum or a petroleum-based fuel; or (E) (i) is propelled by something other than an internal combustion engine; and (ii) is warranted to operate on something other than petroleum-based fuel. ; (5) by inserting after paragraph (17) (as so redesignated) the following: (18) M85 (A) contains up to 85 percent methanol; and (B) meets the specifications of the American Society of Testing Materials International Standard D5797. ; and (6) by inserting after paragraph (24) (as so redesignated) the following: (25) plug-in electric drive vehicle 42 U.S.C. 13258(a) . (b) Fuel choice enabling manufacturers (1) Compliance with the Clean Air Act Section 32902 of title 49, United States Code, is amended by adding at the end the following: (l) Deemed compliance with the Clean Air Act If a fuel choice enabling manufacturer is in compliance with all applicable standards prescribed under this section for model year 2020 or any subsequent model year, the automobiles manufactured by that manufacturer in that model year are deemed to be in compliance with all applicable greenhouse gas regulations established by the Environmental Protection Agency pursuant to section 202 of the Clean Air Act ( 42 U.S.C. 7521 . (2) Credits for exceeding standards Section 32903(a) of title 49, United States Code, is amended by striking paragraph (2) and inserting the following: (2) any of the 5 consecutive model years immediately after the model year for which the credits are earned, to the extent that those credits are not used under paragraph (1). . (3) Average fuel economy bonus for fuel choice enabling manufacturers Section 32904 of title 49, United States Code, is amended— (A) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (B) by inserting after subsection (c) the following: (d) Average fuel economy bonus for fuel choice enabling manufacturers The average fuel economy of a fuel choice enabling manufacturer for a model year is the sum of— (1) the average fuel economy of the fuel choice enabling manufacturer for that model year, as otherwise calculated under this section; and (2) 8 miles per gallon. . (c) Effective date The amendments made by this section shall apply with respect to automobiles manufactured for model year 2022 or for any subsequent model year. 4. Ethanol waiver Section 211(h)(4) of the Clean Air Act ( 42 U.S.C. 7545(h)(4) (1) in the matter preceding subparagraph (A), by inserting or more of 10 percent (2) in subparagraph (C), by striking additional alcohol or
Fuel Choice and Deregulation Act of 2021
Expeditionary Diplomacy Act of 2021 This bill modifies oversight and accountability procedures for diplomatic personnel and actions by revising the structure and scope of review for certain diplomatic activities. Specifically, the bill requires the Department of State to provide quarterly briefings (currently held monthly) on progress towards opening or reopening high-risk, high-threat posts, as well as risks to national security from their continued closure and any barriers to opening those posts. The bill also recasts and revises the responsibilities of Accountability Review Boards (i.e., the mechanism through which the State Department currently investigates any event that causes serious injury, loss of life, or significant destruction of property at, or related to, a U.S. government mission abroad). The bill renames these boards Security Review Committees, and it requires these committees to take into account specified contextual and mitigating factors when evaluating diplomatic actions that led to such outcomes, as well as the diplomatic value of operations relating to the incident in question.
117 S669 IS: Expeditionary Diplomacy Act of 2021 U.S. Senate 2021-03-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 669 IN THE SENATE OF THE UNITED STATES March 10, 2021 Mr. Murphy Committee on Foreign Relations A BILL To provide for the appropriate balance of empowering diplomats to pursue vital diplomatic goals and mitigating security risks at United States diplomatic posts, and for other purposes. 1. Short title This Act may be cited as the Expeditionary Diplomacy Act of 2021 2. Findings Congress makes the following findings: (1) A robust overseas diplomatic presence is the sine qua non of an effective foreign policy, particularly in unstable environments where a flexible and timely diplomatic response can be decisive in preventing and addressing violent conflict. (2) Diplomats routinely put themselves and their families at great personal risk to serve their country overseas where they increasingly face threats related to international terrorism, violent conflict, and public health, among others. (3) The Department of State has a remarkable record of protecting personnel while enabling an enormous amount of global diplomatic activity, often in insecure and remote places and facing a variety of evolving risks and threats, from terrorism to sonic attacks. With support from Congress, the Department of State has revised policy, improved physical security through retrofitting and replacing old facilities, deployed additional security personnel and armored vehicles, and greatly enhanced training requirements and facilities, including the new Foreign Affairs Security Training Center in Blackstone, Virginia. (4) However, there is broad consensus that the pendulum has swung too far toward eliminating risk, excessively inhibiting diplomatic activity; instead of protecting diplomats that authorize calculated risks, human psychology combined with Department of State policy incentivize extending embassy closures, reducing footprints, and postponing or denying travel requests. (5) Congress must accept responsibility for its part in perpetuating a risk-averse culture, as its oversight too often promotes the myth that all security incidents are avoidable and appears more focused on finding scapegoats than improving policy; the Accountability Review Board requirement in the Diplomatic Security Act ( 22 U.S.C. 4801 (6) The impact of reduced diplomatic engagement is both difficult to distill and undeniable; while the cost of an embassy closure or cancelled meeting is hard to measure, diplomatic missions rely on robust staffing and ambitious external engagement to advance United States interests as diverse as fighting terrorism and transnational organized crime, preventing and addressing violent conflict and humanitarian disasters, promoting United States businesses and trade, protecting the rights of marginalized groups, addressing climate change, and preventing pandemic disease. (7) Despite the fact that Congress currently provides annual appropriations in excess of $1,900,000,000 for embassy security, construction, and maintenance, the Department of State is unable to fully transform this considerable investment into true overseas presence given excessive restrictions that inhibit the ability of diplomats to— (A) meet with foreign leaders to explain, defend, and advance United States priorities; (B) understand and report on foreign political, social, and economic conditions; (C) provide United States citizen services that are often a matter of life and death in insecure places; and (D) collaborate and, at times, compete with other diplomatic missions. (8) Such restrictions present a clear and present danger to the core interests of the United States and contribute to the larger militarization of our national security, as military and intelligence agencies benefit from fewer security restrictions, greater risk tolerance, and less congressional scrutiny in the wake of security incidents. (9) Given these stakes, Congress has a responsibility to empower, support, and hold the Department of State accountable for implementing an aggressive presence strategy that mitigates potential risks and adequately considers the myriad direct and indirect consequences of a lack of presence. 3. Encouraging expeditionary diplomacy (a) Purpose Subsection (b) of section 102 of the Diplomatic Security Act ( 22 U.S.C. 4801(b) (1) by amending paragraph (3) to read as follows: (3) to promote strengthened security measures, institutionalize a culture of learning, and, in the case of apparent gross negligence or breach of duty, recommend the Director General of the Foreign Service investigate accountability for United States Government personnel with security-related responsibilities; ; (2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (3) by inserting after paragraph (3) the following new paragraph: (4) to support a culture of risk management, instead of risk avoidance, that enables to Department of State to pursue its vital goals with full knowledge that it is not desirable nor possible for the Department to avoid all risks; . (b) Briefings on embassy security Section 105(a) of the Diplomatic Security Act ( 22 U.S.C. 4804(a) (1) by striking monthly briefings quarterly briefings (2) in paragraph (1)— (A) by striking any plans to open or reopen a high risk, high threat post progress towards opening or reopening high risk, high threat posts, the risk to national security of the continued closure and remaining barriers to doing so (B) in subparagraph (A), by striking the type and level of security threats such post could encounter the risk to national security of the post’s continued closure (C) in subparagraph (C), by inserting the type and level of security threats such post could encounter, and security tripwires 4. Replacement of Accountability Review Board with Security Review Committee (a) In general Section 301 of the Diplomatic Security Act ( 22 U.S.C. 4831 (1) in the section heading, by striking Accountability Review Boards Security Review Committees (2) in subsection (a)— (A) in paragraph (1), by striking shall convene an Accountability Review Board (in this title referred to as the Board shall convene the Security Review Committee (in this title referred to as the SRC (B) in paragraph (2), by striking Board SRC (C) in paragraph (3)(A)— (i) in the subparagraph heading, by striking Board SRCs (ii) by striking Board SRC (3) in subsection (b)— (A) in the subsection heading, by striking Boards S RC (B) by striking Board SRC (4) in subsection (c), by striking Board SRC (b) Membership Section 302 of the Diplomatic Security Act ( 22 U.S.C. 4832 (1) in the section heading, by striking Accountability Review Board Security Review Committee (2) in subsection (a)— (A) by striking Membership Chairperson of the Board. Members of the Board Membership (1) In general The Secretary shall determine the composition of the SRC and designate a Chairperson. Members of the SRC ; (B) by striking vested in the Board. Members of the Board vested in the SRC. Members of the SRC (C) by adding at the end the following new paragraph: (2) Regulations The Secretary of State shall promulgate regulations defining the membership and operating procedures for the SRC and provide to the Chairmen and ranking members of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, in writing, a description of how the SRC will be structured with respect to any other standing committees. ; and (3) in subsection (b), by striking Board SRC (c) Technical and conforming amendments Section 303 of the Diplomatic Security Act ( 22 U.S.C. 4833 (1) by striking Board SRC (2) in the subsection heading for subsection (d), by striking boards SRCs 5. Findings and recommendations of Security Review Committee Section 304 of the Diplomatic Security Act ( 22 U.S.C. 4834 (1) in the section heading, by striking a Board the Security Review Committee (2) by striking A Board The Security Review Committee (3) by striking Board Security Review Committee (4) in subsection (a)— (A) in paragraph (2), by inserting after were adequate (A) if the attack was against a diplomatic compound, motorcade, residence, or other mission facility, whether the security systems, security countermeasures, and security procedures operated as intended, and whether such systems worked to materially mitigate the attack or were found to be inadequate to mitigate the threat and attack; (B) if the attack was on any personnel conducting an approved operation outside the mission, if a valid process was followed in evaluating the requested operation and weighing the risk and diplomatic value of the operation; and (C) if gross negligence or serious breach of duty by an individual described in section 303(a)(1)(B) may have been a factor. ; (B) in paragraph (4), by striking ; and (C) by redesignating paragraph (5) as paragraph (6); and (D) by inserting after paragraph (4) the following new paragraph: (5) the diplomatic value of operations or physical presence relating to the incident in question, including a counterfactual for the impact of not undertaking the type of operation or physical presence related to the incident; and ; (5) in subsection (b), by inserting and to promote a culture of risk management, rather than risk avoidance for valuable diplomatic activity has reviewed (6) by amending subsection (c) to read as follows: (c) Personnel recommendations If the SRC suspects that an individual described in section 303(a)(1)(B) has engaged in gross negligence or serious breach of duty, and such misconduct has significantly contributed to the serious injury, loss of life, or significant destruction of property, or the serious breach of security that is the subject of the SRC’s examination as described in subsection (a), the SRC shall report to the Director General of the Foreign Service for any appropriate action. ; and (7) in subsection (d)— (A) by striking Reports (1) Program recommendations Reports (B) by striking Congress Chairmen and ranking members of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives (C) by striking paragraph (2). 6. Reporting requirement Not later than 150 days after the date of the enactment of this Act, the Secretary of State shall provide a report and oral briefing to the Chairmen and ranking members of the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the regulations promulgated under paragraph (2) of section 302(a) of the Diplomatic Security Act ( 22 U.S.C. 4832(a)
Expeditionary Diplomacy Act of 2021
Support for Global Financial Institution Pandemic Response Act of 2021 This bill requires each U.S. Executive Director at an international financial institution to take certain actions in support of the global response to COVID-19 (i.e., coronavirus disease 2019). Specifically, each U.S. Executive Director at an international financial institution (e.g., the International Bank for Reconstruction and Development or the International Finance Corporation) must seek the suspension of debt service payments to the institution and the relaxation of fiscal targets for certain programs, oppose programs or loan agreements that would reduce countries' health care spending or other spending related to their responses to COVID-19, and require approval of all Special Drawing Rights (a currency support tool) allocation transfers from wealthier member countries to countries that are emerging or developing to ensure the allocations are used for the public good and in response to the global pandemic. Further, the U.S. Executive Director at the International Monetary Fund must support the issuance of Special Drawing Rights so that governments may access additional resources to finance their responses to COVID-19.
117 S67 IS: Support for Global Financial Institution Pandemic Response Act of 2021 U.S. Senate 2021-01-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 67 IN THE SENATE OF THE UNITED STATES January 27, 2021 Mr. Durbin Mr. Sanders Mr. Reed Mr. Cardin Mr. Merkley Mr. Leahy Committee on Foreign Relations A BILL To support efforts by international financial institutions to provide a robust global response to the COVID–19 pandemic. 1. Short title This Act may be cited as the Support for Global Financial Institution Pandemic Response Act of 2021 2. Support for a robust global response to the COVID–19 pandemic (a) United States policies at the international financial institutions (1) In general The Secretary of the Treasury shall instruct the United States Executive Director of each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act ( 22 U.S.C. 262r(c)(2) (A) to seek to ensure adequate fiscal space for world economies in response to the global coronavirus disease 2019 (commonly referred to as COVID–19 (i) the suspension of all debt service payments to the institution; and (ii) the relaxation of fiscal targets for any government operating a program supported by the institution, or seeking financing from the institution, in response to the pandemic; (B) to oppose any loan, grant, document, or strategy that would lead to a decrease in health care spending or in any other spending that would impede the ability of any country to prevent or contain the spread of, or treat persons who are or may be infected with, the SARS–CoV–2 virus; and (C) to require approval of all Special Drawing Rights allocation transfers from wealthier member countries to countries that are emerging markets or developing countries, based on confirmation of implementable transparency mechanisms or protocols to ensure the allocations are used for the public good and in response the global pandemic. (2) Report required The Chairman of the National Advisory Council on International Monetary and Financial Policies shall include in the annual report required by section 1701 of the International Financial Institutions Act ( 22 U.S.C. 262r (b) IMF issuance of special drawing rights (1) United States support for issuance The Secretary of the Treasury shall instruct the United States Executive Director of the International Monetary Fund to use the voice and vote of the United States to support the issuance of a special allocation of not less than 2,000,000,000,000 Special Drawing Rights so that governments are able to access additional resources to finance their responses to the global COVID–19 pandemic. (2) Authorization to vote for allocation Notwithstanding section 6(a) of the Special Drawing Rights Act ( 22 U.S.C. 286q(a) (c) Termination Subsections (a) and (b) shall have no force or effect after the earlier of— (1) the date that is one year after the date of the enactment of this Act; or (2) the date that is 30 days after the date on which the Secretary of the Treasury, in consultation with the Secretary of Health and Human Services and the heads of other relevant Federal agencies, submits to the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives a report stating that the SARS–CoV–2 virus is no longer a serious threat to public health in any part of the world.
Support for Global Financial Institution Pandemic Response Act of 2021
Speeding Therapy Access Today Act of 2021 This bill requires and authorizes various actions to accelerate the development of therapies for rare diseases. The Food and Drug Administration (FDA) shall establish the Intercenter Institute on Rare Diseases and Conditions. The institute shall (1) coordinate engagement with relevant stakeholders, (2) build the FDA's expertise in the review of medical products to treat rare diseases, (3) coordinate regulatory science initiatives related to rare diseases, (4) establish and implement a program to make recommendations to address challenges associated with developing medical products to treat rare diseases in an individual or in very small populations, (5) convene a stakeholder meeting to consider potential amendments to labels for medical products to treat rare diseases, and (6) establish and carry out a program to facilitate voluntary communication between the sponsors of such medical products and third-party payers (e.g., insurance companies). The bill also authorizes the FDA to make grants to assist in developing practices related to the development and production of individualized therapies or therapies to treat very small populations. The bill also establishes an advisory committee to advise the FDA on issues related to the development of therapies to treat rare diseases.
117 S670 IS: Speeding Therapy Access Today Act of 2021 U.S. Senate 2021-03-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 670 IN THE SENATE OF THE UNITED STATES March 10, 2021 Ms. Klobuchar Mr. Wicker Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act to accelerate development of therapies across the spectrum of rare diseases and conditions and facilitate patient access to such therapies, and for other purposes. 1. Short title This Act may be cited as the Speeding Therapy Access Today Act of 2021 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Intercenter Institute on Rare Diseases and Conditions. Sec. 4. Rare Disease and Condition Drug Advisory Committee. Sec. 5. Grants and contracts for development of drugs for rare diseases and conditions. 3. Intercenter Institute on Rare Diseases and Conditions (a) Establishment required The first sentence of section 1014(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 399g(a) , at least one of which shall be focused on rare diseases and conditions (b) Timing of establishment Subsection (c) of section 1014 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 399g (c) Timing Not later than the date that is 1 year after the date of enactment of the Speeding Therapy Access Today Act of 2021 . (c) Responsibilities Subchapter B of chapter V of the Federal Food, Drug, and Cosmetic Act (relating to drugs for rare diseases or conditions) is amended by inserting after section 529A of such Act ( 21 U.S.C. 360ff–1 529B. Intercenter Institute on Rare Diseases and Conditions (a) Responsibilities In addition to carrying out activities listed in section 1014(a), the Intercenter Institute on Rare Diseases and Conditions shall— (1) serve as the Food and Drug Administration’s coordinating office for engagement with rare disease and condition stakeholders, complementing but not supplanting engagement activities between stakeholders and the review divisions; (2) build, within the Food and Drug Administration, knowledge and understanding associated with the review of medical products to treat rare diseases and conditions, including advancements in trial design, statistical analysis, regulatory science, product manufacturing, and other topics as determined by the Secretary; (3) implement cross-center rare disease and condition-focused meetings and policy development; (4) coordinate rare disease and condition-specific regulatory science initiatives; (5) facilitate stakeholder engagement to the external community and international regulatory agencies on rare disease and condition product development; (6) establish and implement the Accelerating Lifesavings Therapies in Treating Ultra-rare Disease Entities Program under subsection (b); and (7) establish and carry out the rare disease and condition third-party payor program under subsection (d). (b) ALTITUDE Program (1) In general The Intercenter Institute shall establish and implement a program, to be known as the Accelerating Lifesavings Therapies in Treating Ultra-rare Disease Entities Program, to identify and make recommendations to address current and emerging regulatory science and public policy challenges associated with developing medical products to treat rare diseases or conditions in an individual or very small populations. (2) Issues The program under paragraph (1) shall focus on issues including— (A) manufacturing standards for therapies described in such paragraph, including in non-industry settings; (B) trial designs and metrics; (C) regulatory flexibilities for abbreviated toxicology studies, overlapping animal studies, and patient dosing; (D) regulatory science, chemistry, manufacturing, and other needs associated with developing such therapies; and (E) other issues as determined by the Secretary. (c) Proposals for amending labels (1) Stakeholder group Not later than 180 days after the date of enactment of this section, the Intercenter Institute shall convene a meeting of stakeholders from the rare disease community, including patients, caregivers, product manufacturers, third-party payors, and others, to consider potential amendments to labels for medical products to treat rare diseases or conditions approved pursuant to a pathway under section 506. (2) Guidance Not later than 90 days after the date of the meeting under paragraph (1), the Secretary shall issue guidance to propose changes to how the labels of medical products to treat rare diseases or conditions demonstrate clinical benefits and reflect relevant scientific data including surrogate endpoints. (d) Rare Disease and Condition Third-Party Payor Program (1) In general The Intercenter Institute shall establish and carry out a voluntary rare disease and condition early third-party payor feedback program— (A) to inform coverage policies for rare disease therapies; and (B) to inform clinical trial design, patient engagement, and other data collections. (2) Program requirements The program under paragraph (1) shall— (A) facilitate voluntary communication between sponsors of medical products to treat rare diseases and conditions and third-party payors; and (B) require participation of the Centers for Medicare & Medicaid Services with representation from— (i) the Center for Medicare; and (ii) the Center for Medicaid and CHIP Services. (3) Annual report The Intercenter Institute shall— (A) on an annual basis, submit a report to that Congress on— (i) the participation within the program under paragraph (1); and (ii) the impacts of the program under paragraph (1); and (B) post each such report on the public website of the Intercenter Institute. (4) Bulletin to Medicaid directors Following the approval, clearance, or authorization by the Food and Drug Administration of a medical product to treat a rare disease or condition, the Secretary shall issue a bulletin to State Medicaid directors containing information to help inform coverage decisions on the product by State Medicaid and Children’s Health Insurance programs. (e) Definition In this section, the terms Intercenter Institute on Rare Diseases and Conditions Intercenter Institute . 4. Rare Disease and Condition Drug Advisory Committee Subchapter B of chapter V of the Federal Food, Drug, and Cosmetic Act is further amended by inserting after section 529B of such Act, as inserted by section 3, the following new section: 529C. Rare Disease and Condition Drug Advisory Committee (a) In general The Secretary shall establish and maintain a committee, to be known as the Rare Disease and Condition Drug Advisory Committee (in this section referred to as the Advisory Committee (b) Duty of Committee The Advisory Committee shall advise the Secretary on issues associated with development of therapies to treat rare diseases or conditions. (c) Specific issues In advising the Secretary, the Advisory Committee may address issues including— (1) modified or new regulatory pathways to support review of therapies; (2) clinical trial design needs, including development of innovative approaches to clinical trials; (3) qualifications of biomarkers or other drug development tools for use in reviews; (4) modified or new standards to support the review of already marketed drugs being evaluated for repurposing to treat a rare disease or condition; and (5) issues— (A) that pertain to an application for approval of a therapy to treat a rare disease or condition; and (B) with respect to which a review division has requested that the Advisory Committee provide advice. (d) Membership (1) In general The Advisory Committee shall consist of— (A) not more than 15 members appointed by the Secretary in accordance with paragraph (2); and (B) the nonvoting ex officio members under paragraph (3). (2) Appointed members (A) Special Government employees Members of the Advisory Committee appointed pursuant to paragraph (1)(A) shall serve as special Government employees (as defined in section 202(a) of title 18, United States Code). (B) Eligibility To be eligible for appointment pursuant to paragraph (1)(A), an individual shall— (i) be eligible to serve as special Government employee (as defined in section 202(a) of title 18, United States Code); and (ii) have expertise in the fields of public policy, law, regulatory policy, economics, patient-focused product development, or patient advocacy. (C) Composition Of the members of the Advisory Committee appointed pursuant to paragraph (1)(A)— (i) up to 10 shall be selected from among experts in the disciplines relevant to the activities of the Intercenter Institute on Rare Diseases and Conditions, to include at least one expert in each of— (I) rare disease product development; (II) conducting clinical trials with respect to rare diseases and conditions, including with respect to very small patient populations; (III) rare disease and condition natural history and related studies; (IV) health economics pertaining to the development of medical products for rare diseases or conditions; (V) manufacturing and related needs associated with medical products for rare diseases or conditions; and (VI) patient experience data collection; and (ii) up to 5 shall be selected from the public, to include— (I) at least 4 individuals who are representatives of the rare disease patient community; (II) at least one individual who is directly impacted by a rare disease or condition; and (III) at least one person who serves as a family caregiver to a person diagnosed with a rare disease or condition. (3) Nonvoting ex officio members The nonvoting ex officio members of the Advisory Committee under paragraph (1)(B) shall consist of the following: (A) The Secretary (or the Secretary’s designee). (B) The Director of the Intercenter Institute on Rare Diseases and Conditions. (C) The Director of the Center for Biologics Evaluation and Research (or the Director’s designee). (D) The Director of the Center for Drug Evaluation and Research (or the Director’s designee). (E) The Director of the Center for Devices and Radiological Health (or the Director’s designee). (F) The Director of the National Center for the Advancing Translational Sciences of the National Institutes of Health (or the Director’s designee). (G) The Administrator of the Centers for Medicare & Medicaid Services (or the Administrator’s designee). (H) Any additional officers or employees of the Department of Health and Human Services as the Secretary determines necessary for the Advisory Committee to effectively carry out its functions. (4) Chair The Chair of the Advisory Committee shall be the Director of the Intercenter Institute for Rare Diseases and Conditions. (5) Terms (A) Members (i) In general The term of a member of the Advisory Committee appointed pursuant to paragraph (1)(A) shall be 4 years, except that any member appointed to fill a vacancy in an unexpired term shall be appointed for the remainder of that term. (ii) Continued service A member appointed pursuant to paragraph (1)(A) may continue serving as a member of the Advisory Committee for up to 180 days after the expiration of that member’s term if a successor has not been appointed. (B) Reappointment A member of the Advisory Committee who has been appointed pursuant to paragraph (1)(A) for a term of 4 years may not be reappointed to serve as a member of the Advisory Committee before the date that is 2 years after the date of expiration of that member’s term. (e) Quorum A majority of the appointed members of the Advisory Committee shall constitute a quorum for the conduct of business. . 5. Grants and contracts for development of drugs for rare diseases and conditions (a) Authority of Secretary Section 5(a) of the Orphan Drug Act ( 21 U.S.C. 360ee(a) (1) in paragraph (2), by striking and (2) by inserting before the period at the end , and (4) developing practices pertaining to the chemistry, manufacturing, regulatory approval of, and controls of individualized therapies or therapies to treat very small populations (b) ALTITUDE Program In supporting grants and contracts under section 5(a)(4) of the Orphan Drug Act, as added by subsection (a), the Secretary of Health and Human Services shall consult with the Director of the Intercenter Institute on Rare Diseases and Conditions regarding the Accelerating Lifesavings Therapies in Treating Ultra-rare Disease Entities Program established under section 529B(b) of the Federal Food, Drug, and Cosmetic Act, as added by section 3(c) of this Act, to— (1) identify the regulatory science and related challenges and needs associated with developing individualized therapies or therapies to treat very small patient populations; and (2) support research to address such challenges.
Speeding Therapy Access Today Act of 2021
Federal Agency Customer Experience Act of 2021 This bill requires certain agencies to collect voluntary customer experience feedback with respect to their services and transactions. Each of the agencies must (1) annually publish such feedback on its website and report on such feedback to the Office of Management and Budget, and (2) report on the solicitation of such feedback. The Government Accountability Office shall publish a report assessing the data collected and reported by the agencies. The feedback may not be used in any appraisal of job performance of a federal employee.
117 S671 IS: Federal Agency Customer Experience Act of 2021 U.S. Senate 2021-03-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 671 IN THE SENATE OF THE UNITED STATES March 10, 2021 Ms. Hassan Mr. Lankford Committee on Homeland Security and Governmental Affairs A BILL To require the collection of voluntary feedback on services provided by agencies, and for other purposes. 1. Short title This Act may be cited as the Federal Agency Customer Experience Act of 2021 2. Findings; sense of Congress (a) Findings Congress finds that— (1) the Federal Government serves the people of the United States and should seek to continually improve public services provided by the Federal Government based on customer feedback; (2) the people of the United States deserve a Federal Government that provides efficient, effective, and high-quality services across multiple channels; (3) many agencies, offices, programs, and Federal employees provide excellent service to individuals, but many parts of the Federal Government still fall short on delivering the customer service experience that individuals have come to expect from the private sector; (4) according to the 2018 American Customer Satisfaction Index, the Federal Government ranks among the bottom of all industries in the United States in customer satisfaction; (5) providing quality services to individuals improves the confidence of the people of the United States in their Government and helps agencies achieve greater impact and fulfill their missions; and (6) improving service to individuals requires agencies to work across organizational boundaries, leverage technology, collect and share standardized data, and develop customer-centered mindsets and service strategies. (b) Sense of Congress It is the sense of Congress that— (1) all agencies should strive to provide high-quality, courteous, effective, and efficient services to the people of the United States and seek to measure, collect, report, and utilize metrics relating to the experience of individuals interacting with agencies to continually improve services to the people of the United States; and (2) adequate Federal funding is needed to ensure agency staffing levels that can provide the public with appropriate customer service levels. 3. Definitions In this Act: (1) Administrator The term Administrator (2) Agency The term agency (3) Covered agency The term covered agency (4) Director The term Director (5) Voluntary feedback The term voluntary feedback 4. Application of the Paperwork Reduction Act to collection of voluntary feedback Subchapter I of chapter 35 Paperwork Reduction Act (1) in section 3502— (A) in paragraph (22), by striking and (B) in paragraph (23), by striking the period at the end and inserting ; and (C) by adding at the end the following: (24) the term voluntary feedback (A) voluntarily made by a specific individual or other entity relating to a particular service of or transaction with an agency; and (B) specifically solicited by that agency. ; and (2) in section 3518(c)(1)— (A) in subparagraph (C), by striking or (B) in subparagraph (D), by striking the period at the end and inserting ; or (C) by adding at the end the following: (E) by an agency that is voluntary feedback. . 5. Guidelines for voluntary feedback Each agency that solicits voluntary feedback shall ensure that— (1) responses to the solicitation of voluntary feedback remain anonymous and are not traced to specific individuals or entities; (2) individuals and entities who decline to participate in the solicitation of voluntary feedback are not treated differently by the agency for purposes of providing services or information; (3) the solicitation does not include more than 10 questions; (4) the voluntary nature of the solicitation is clear; (5) the proposed solicitation of voluntary feedback will contribute to improved customer service; (6) solicitations of voluntary feedback are limited to 1 solicitation per interaction with an individual or entity; (7) to the extent practicable, the solicitation of voluntary feedback is made at the point of service with an individual or entity; (8) instruments for collecting voluntary feedback are accessible to individuals with disabilities in accordance with section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d (9) internal agency data governance policies remain in effect with respect to the collection of voluntary feedback from individuals and entities. 6. Customer experience data collection (a) Collection of responses The head of each covered agency (or a designee), assisted by and in coordination with the senior accountable official for customer service of the covered agency, shall collect voluntary feedback with respect to services of or transactions with the covered agency. (b) Content of questions (1) Standardized questions The Director, in coordination with the Administrator, shall develop a set of standardized questions for use by covered agencies in collecting voluntary feedback under this section that address— (A) overall satisfaction of individuals or entities with the specific interaction or service received; (B) the extent to which individuals or entities were able to accomplish the intended task or purpose of those individuals or entities; (C) whether the individual or entity was treated with respect and professionalism; (D) whether the individual or entity believes they were served in a timely manner; and (E) any additional metrics as determined by the Director, in coordination with the Administrator. (2) Additional questions In addition to the questions developed under paragraph (1), the senior accountable official for customer service at a covered agency may develop questions relevant to the specific operations or programs of the covered agency. (c) Additional requirements To the extent practicable— (1) each covered agency shall collect voluntary feedback across all platforms or channels through which the covered agency interacts with individuals or other entities to deliver information or services; and (2) voluntary feedback collected under this section shall be tied to specific transactions or interactions with customers of the covered agency. (d) Reports (1) Annual report to the Director (A) In general Not later than 1 year after the date of enactment of this Act, and not less frequently than annually thereafter, each covered agency shall publish on the website of the covered agency and submit to the Director, in a manner determined by the Director, a report on the voluntary feedback required to be collected under this section that includes— (i) the detailed results, including a summary of how individuals and entities responded to each question; (ii) the total number of survey responses; and (iii) the response rate for each survey administered. (B) Centralized website The Director shall— (i) include and maintain on a publicly available website links to the information provided on the websites of covered agencies under subparagraph (A); and (ii) for purposes of clause (i), establish a website or make use of an existing website, such as the website required under section 1122 of title 31, United States Code. (2) Aggregated report Each covered agency shall publish, on a regular basis, an aggregated report on the solicitation of voluntary feedback sent to individuals or entities, which shall include— (A) the intended purpose of each solicitation of voluntary feedback conducted by the covered agency; (B) the appropriate point of contact within each covered agency for each solicitation of voluntary feedback conducted; (C) the questions or survey instrument submitted to members of the public as part of the solicitation of voluntary information; and (D) a description of how the covered agency uses the voluntary feedback received by the covered agency to improve the customer service of the covered agency. 7. Customer experience report (a) In general Not later than 15 months after the date on which all covered agencies have submitted the first annual reports to the Director required under section 6(d)(1), and every 2 years thereafter until the date that is 10 years after such date, the Comptroller General of the United States shall make publicly available and submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report assessing the data collected and reported by the covered agencies. (b) Contents The report required under subsection (a) shall include— (1) a summary of the information required to be published by covered agencies under section 6(d); and (2) a description of how each covered agency will use the voluntary feedback received by the covered agency to improve service delivery. 8. Restriction on use of information Any information collected pursuant to this Act, or any amendment made by this Act, may not be used in any appraisal of job performance of a Federal employee under chapter 43
Federal Agency Customer Experience Act of 2021
Coin Metal Modification Authorization and Cost Savings Act of 2021 This bill authorizes the United States Mint to modify the metallic composition of circulating coins (including by prescribing reasonable manufacturing tolerances with respect to those coins) if a study and analysis conducted by the Mint indicates that the modification will reduce costs incurred by the taxpayers; be seamless, which shall be determined by verifying that the coins will work interchangeably in most coin acceptors using electromagnetic signature technology; and have as minimal an adverse impact as possible on the public and stakeholders. The Mint must notify Congress before making the modification and provide a justification for the modification.
117 S672 IS: Coin Metal Modification Authorization and Cost Savings Act of 2021 U.S. Senate 2021-03-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 672 IN THE SENATE OF THE UNITED STATES March 10, 2021 Ms. Hassan Ms. Ernst Mr. Carper Ms. Murkowski Mr. Cramer Committee on Banking, Housing, and Urban Affairs A BILL To amend title 31, United States Code, to save Federal funds by authorizing changes to the composition of circulating coins, and for other purposes. 1. Short title This Act may be cited as the Coin Metal Modification Authorization and Cost Savings Act of 2021 2. Saving Federal funds by authorizing changes to the composition of circulating coins Section 5112 of title 31, United States Code, is amended by adding at the end the following: (x) Composition of circulating coins (1) In general Notwithstanding any other provision of law, and subject to the other provisions of this subsection, the Director of the United States Mint (referred to in this subsection as the Director (A) reduce costs incurred by the taxpayers of the United States; (B) be seamless, which shall mean the same diameter and weight as United States coinage being minted on the date of enactment of this subsection and that the coins will work interchangeably in most coin acceptors using electromagnetic signature technology; and (C) have as minimal an adverse impact as possible on the public and stakeholders. (2) Notification to Congress On the date that is at least 90 legislative days before the date on which the Director begins making a modification described in paragraph (1), the Director shall submit to Congress notice that— (A) provides a justification for the modification, including the support for that modification in the study and analysis required under paragraph (1) with respect to the modification; (B) describes how the modification will reduce costs incurred by the taxpayers of the United States; (C) certifies that the modification will be seamless, as described in paragraph (1)(B); and (D) certifies that the modification will have as minimal an adverse impact as possible on the public and stakeholders. (3) Congressional authority The Director may begin making a modification proposed under this subsection not earlier than the date that is 90 legislative days after the date on which the Director submits to Congress the notice required under paragraph (2) with respect to that modification, unless Congress, during the period of 90 legislative days beginning on the date on which the Director submits that notice— (A) finds that the modification is not justified in light of the information contained in that notice; and (B) enacts a joint resolution of disapproval of the proposed modification. (4) Procedures For purpose of paragraph (3)— (A) a joint resolution of disapproval is a joint resolution the matter after the resolving clause of which is as follows: That Congress disapproves the modification submitted by the Director of the United States Mint. (B) the procedural rules in the House of Representatives and the Senate for a joint resolution of disapproval described under paragraph (3) shall be the same as provided for a joint resolution of disapproval under chapter 8 . 3. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation
Coin Metal Modification Authorization and Cost Savings Act of 2021
NICS Denial Notification Act of 2021 This bill requires the Department of Justice to notify state and local law enforcement authorities following a firearms-related background check that results in a denial.
117 S675 IS: NICS Denial Notification Act of 2021 U.S. Senate 2021-03-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 675 IN THE SENATE OF THE UNITED STATES March 10, 2021 Mr. Coons Mr. Cornyn Ms. Duckworth Mr. Rubio Mr. Carper Mr. Lankford Ms. Klobuchar Ms. Collins Mr. Manchin Mr. Toomey Mr. Graham Mrs. Shaheen Committee on the Judiciary A BILL To provide for the reporting to State and local law enforcement authorities of cases in which the national instant criminal background check system indicates that a firearm has been sought to be acquired by a prohibited person, so that authorities may pursue criminal charges under State law, and to ensure that the Department of Justice reports to Congress on prosecutions secured against prohibited persons who attempt to acquire a firearm. 1. Short title This Act may be cited as the NICS Denial Notification Act of 2021 2. Reporting of background check denials (a) In general Chapter 44 section 925A 925B. Reporting of background check denials to State authorities (a) In general If the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 NICS (1) report to the law enforcement authorities of the State where the person sought to acquire the firearm and, if different, the law enforcement authorities of the State of residence of the person— (A) that the notice was provided; (B) the specific provision of law that would have been violated; (C) the date and time the notice was provided; (D) the location where the firearm was sought to be acquired; and (E) the identity of the person; and (2) where practicable, report the incident to local law enforcement authorities and State and local prosecutors in the jurisdiction where the firearm was sought and in the jurisdiction where the person resides. (b) Requirements for report A report is made in accordance with this subsection if the report is made within 24 hours after the provision of the notice described in subsection (a), except that the making of the report may be delayed for so long as is necessary to avoid compromising an ongoing investigation. (c) Amendment of report If a report is made in accordance with this subsection and, after such report is made, the Federal Bureau of Investigation or the Bureau of Alcohol, Tobacco, Firearms, and Explosives determines that the receipt of a firearm by a person for whom the report was made would not violate subsection (g) or (n) of section 922 of this title or State law, the Attorney General shall, in accordance with subsection (b), notify any law enforcement authority and any prosecutor to whom the report was made of that determination. (d) Rule of construction Nothing in subsection (a) shall be construed to require a report with respect to a person to be made to the same State authorities that originally issued the notice with respect to the person. . (b) Clerical amendment The table of sections for such chapter is amended by inserting after the item relating to section 925A the following: 925B. Reporting of background check denials to State authorities. . 3. Annual report to Congress (a) In general Chapter 44 925C. Annual report to Congress Not later than 1 year after the date of enactment of this section, and annually thereafter, the Attorney General shall submit to Congress a report detailing the following, broken down by Federal judicial district: (1) With respect to each category of persons prohibited by subsection (g) or (n) of section 922 of this title or State law from receiving or possessing a firearm who are so denied a firearm— (A) the number of denials; (B) the number of denials referred to the Bureau of Alcohol, Tobacco, Firearms, and Explosives; (C) the number of denials for which the Bureau of Alcohol, Tobacco, Firearms, and Explosives determines that the person denied was not prohibited by subsection (g) or (n) of section 922 of this title or State law from receiving or possessing a firearm; (D) the number of denials overturned through the national instant criminal background check system appeals process and the reasons for overturning the denials; (E) the number of denials with respect to which an investigation was opened by a field division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; (F) the number of persons charged with a Federal criminal offense in connection with a denial; and (G) the number of convictions obtained by Federal authorities in connection with a denial. (2) The number of background check notices reported to State authorities pursuant to section 925B (including the number of the notices that would have been so reported but for section 925B(c)). . (b) Clerical amendment The table of sections for such chapter, as amended by section 2(b) of this Act, is amended by inserting after the item relating to section 925B the following: 925C. Annual report to Congress. .
NICS Denial Notification Act of 2021
Stop Higher Education Espionage and Theft Act of 2021 This bill establishes a process for designating foreign actors as foreign intelligence threats to higher education. Specifically, the Federal Bureau of Investigation (FBI) must designate a foreign actor as a foreign intelligence threat to higher education if the foreign actor has committed, attempted to commit, or conspired to commit certain actions in connection with an institution of higher education (IHE), such as espionage, misuse of visas, or theft of trade secrets. Prior to making such a designation, the FBI must submit notice to Congress and the Department of Justice. Upon the designation of a foreign actor as a threat, the Department of State must revoke the nonimmigrant visa issued to the foreign actor present in the United States, and the Department of Homeland Security must initiate removal proceedings against the foreign actor. Additionally, the bill provides for judicial review and a process for revoking a foreign actor's designation as a threat. Finally, the bill also requires an IHE to disclose to the Department of Education any gift or contract with a foreign intelligence threat, including the fair market value of the gift or contract.
117 S676 IS: Stop Higher Education Espionage and Theft Act of 2021 U.S. Senate 2021-03-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 676 IN THE SENATE OF THE UNITED STATES March 10, 2021 Mr. Cruz Mrs. Blackburn Committee on the Judiciary A BILL To address foreign threats to higher education in the United States. 1. Short title This Act may be cited as the Stop Higher Education Espionage and Theft Act of 2021 2. Designation of foreign intelligence threats to higher education (a) In general Chapter 33 540D. Designation of foreign intelligence threats to higher education (a) Definitions In this section— (1) the term classified information (2) the term Director (3) the term foreign actor (A) a foreign government or its auxiliary territories, or any component thereof, whether or not recognized by the United States; (B) a foreign-based political organization, not substantially composed of United States persons; (C) a faction of a foreign nation or foreign nations, not substantially composed of United States persons; (D) an entity that is openly acknowledged by a foreign government or foreign governments to be directed and controlled by such foreign government or foreign governments; (E) any partnership, association, corporation, organization, or other combination of persons who acts as an agent, representative, employee, or servant of, or whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a government, organization, faction, or entity described in subparagraph (A), (B), (C), or (D); or (F) any individual who acts as an agent, representative, employee, or servant of, or whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a government, organization, faction, or entity described in subparagraph (A), (B), (C), or (D), unless such individual is a citizen of and domiciled within the United States; (4) the term institution 20 U.S.C. 1001 (5) the term national security (6) the term relevant committees of Congress (A) the Committee on the Judiciary, the Select Committee on Intelligence, the Committee on Homeland Security and Government Affairs, and the Committee on Health, Education, Labor, and Pensions of the Senate; and (B) the Committee on the Judiciary, the Permanent Select Committee on Intelligence, the Committee on Homeland Security, and the Committee on Education and Labor of the House of Representatives; and (7) the term United States person 50 U.S.C. 1801 (b) Designation (1) In general The Director shall designate a foreign actor as a foreign intelligence threat to higher education, in accordance with this subsection, if the Director finds that the foreign actor has committed, attempted to commit, or conspired to commit, in connection with an institution, one or more of the following: (A) Smuggling goods from the United States, in violation of section 554 of title 18. (B) Espionage, in violation of sections 791 through 799 of title 18. (C) Kidnapping, in violation of section 1201 of title 18. (D) Fraud or misuse of visas, permits, or other documents, in violation of section 1546 of title 18. (E) Aggravated identity theft, in violation of section 1028A of title 18. (F) Fraud or related activity in connection with access devices, in violation of section 1029 of title 18. (G) Fraud or related activity in connection with computers, in violation of section 1030 of title 18. (H) Economic espionage, in violation of section 1831 of title 18. (I) Theft of trade secrets, in violation of section 1832 of title 18. (J) Terrorism, in violation of sections 2331 through 2339D of title 18. (K) Interception or disclosure of wire, oral, or electronic communications, in violation of section 2511 of title 18. (L) A violation of any control on the import or export of defense articles or defense services imposed under section 38 of the Arms Export Control Act ( 22 U.S.C. 2778 (M) A violation of any control on the export, reexport, and in-country transfer of an item imposed under section 1753 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4812 (N) An unlawful act described in section 206(a) of the International Emergency Economic Powers Act ( 50 U.S.C. 1705(a) (2) Procedure (A) Notice before designation (i) To congressional leaders Not later than 7 days before making a designation under paragraph (1), the Director shall submit to the Speaker and minority leader of the House of Representatives, the President pro tempore, majority leader, and minority leader of the Senate, and the members of the relevant committees of Congress— (I) written notice of the intent of the Director to designate a foreign actor under paragraph (1); and (II) the findings made under paragraph (1) with respect to foreign actor and the factual basis therefor. (ii) To the Attorney General Not later than 7 days before making a designation under paragraph (1), the Director shall submit to the Attorney General, for the Attorney General to determine whether further investigation or prosecution is warranted— (I) written notice of the intent of the Director to designate a foreign actor under paragraph (1); and (II) the findings made under paragraph (1) with respect to the foreign actor and the factual basis therefor. (iii) Protection of classified information The notice and findings submitted under clauses (i) and (ii) may be in classified form. (B) Publication in Federal Register If the Director makes a designation under paragraph (1), the Director shall publish the designation in the Federal Register on the date of the designation. (C) Effect of designation For purposes of section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f (D) Effect of designation on lawful status (i) Revocation of nonimmigrant visa The Secretary of State shall revoke the nonimmigrant visa issued to any foreign actor present in the United States immediately after such foreign actor has been designated under paragraph (1). (ii) Removal The Secretary of Homeland Security shall initiate removal proceedings against any foreign actor described in clause (i) and expeditiously remove such foreign actor from the United States. (iii) Ineligibility Any foreign actor who has been designated under paragraph (1) shall be inadmissible to the United States and ineligible to receive a United States visa or be admitted to the United States. (iv) Appeal If a foreign actor appeals a designation under paragraph (1), the consequences described in clauses (i) through (iii) shall be stayed until such appeal has been fully adjudicated. (3) Record (A) In general In making a designation under paragraph (1), the Director shall create an administrative record. (B) Classified information The Director may consider classified information in making a designation under paragraph (1). Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (d). (4) Period of designation (A) In general A designation under paragraph (1) shall be effective for all purposes until revoked under paragraph (5) or (6) or set aside under subsection (d). (B) Review of designation upon petition (i) In general The Director shall review the designation of a foreign actor as a foreign intelligence threat to higher education under the procedures set forth in clauses (iii) and (iv) if the designated foreign actor files a petition for revocation within the petition period described in clause (ii). (ii) Petition period For purposes of clause (i)— (I) if the designated foreign actor has not previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date on which the designation was made; or (II) if the designated foreign actor has previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date of the determination made under clause (iv) with respect to that petition. (iii) Procedures Any foreign actor designated as a foreign intelligence threat to higher education that submits a petition for revocation under this subparagraph shall provide evidence in the petition that the relevant circumstances described in paragraph (1) are sufficiently different from the circumstances that were the basis for the designation such that a revocation with respect to the foreign actor is warranted. (iv) Determination (I) In general Not later than 180 days after receiving a petition for revocation submitted under this subparagraph, the Director shall make a determination as to such revocation. (II) Classified information The Director may consider classified information in making a determination in response to a petition for revocation. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (d). (III) Publication of determination A determination made by the Director under this clause shall be published in the Federal Register. (IV) Procedures Any revocation of a designation by the Director shall be made in accordance with paragraph (6). (C) Other review of designation (i) In general If no review has taken place under subparagraph (B) during any 5-year period, the Director shall review the designation of a foreign actor as a foreign intelligence threat to higher education under paragraph (1) in order to determine whether such designation should be revoked pursuant to paragraph (6). (ii) Procedures If a review does not take place pursuant to subparagraph (B) in response to a petition for revocation that is filed in accordance with that subparagraph, the review shall be conducted pursuant to procedures established by the Director. The results of such review and the applicable procedures shall not be reviewable in any court. (iii) Publication of results of review The Director shall publish any determination made under this subparagraph in the Federal Register. (5) Revocation by Act of Congress Congress, by an Act of Congress, may block or revoke a designation made under paragraph (1). (6) Revocation based on change in circumstances (A) In general The Director may revoke a designation made under paragraph (1) at any time, and shall revoke a designation upon completion of a review conducted pursuant to subparagraphs (B) and (C) of paragraph (4) if the Director finds that— (i) the circumstances that were the basis for the designation have changed in such a manner as to warrant revocation; or (ii) the national security of the United States warrants a revocation. (B) Procedure The procedural requirements of paragraphs (2) and (3) shall apply to a revocation under this paragraph. Any revocation shall take effect on the date specified in the revocation or upon publication in the Federal Register if no effective date is specified. (7) Effect of revocation The revocation of a designation under paragraph (5) or (6) shall not affect any action or proceeding based on conduct committed prior to the effective date of such revocation. (c) Amendments to a designation (1) In general The Director may amend a designation under subsection (b)(1) if the Director finds that the foreign actor has changed its name, adopted a new alias, dissolved and then reconstituted itself under a different name or names, or merged with another foreign actor. (2) Procedure Amendments made to a designation in accordance with paragraph (1) shall be effective upon publication in the Federal Register. Subparagraphs (B) and (C) of subsection (b)(2) shall apply to an amended designation upon such publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), and (8) of subsection (b) shall also apply to an amended designation. (3) Administrative record The administrative record shall be corrected to include the amendments as well as any additional relevant information that supports those amendments. (4) Classified information The Director may consider classified information in amending a designation in accordance with this subsection. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (d). (d) Judicial review of designation (1) In general Not later than 30 days after publication in the Federal Register of a designation, an amended designation, or a determination in response to a petition for revocation, the foreign actor designated as a foreign intelligence threat to higher education may seek judicial review in the United States Court of Appeals for the District of Columbia Circuit. (2) Basis of review Review under this subsection shall be based solely upon the administrative record, except that the Government may submit, for ex parte and in camera review, classified information used in making the designation, amended designation, or determination in response to a petition for revocation, in a manner consistent with the Classified Information Procedures Act (18 U.S.C. App.). (3) Scope of review The Court shall hold unlawful and set aside a designation, amended designation, or determination in response to a petition for revocation the court finds to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitation, or short of statutory right; (D) lacking substantial support in the administrative record taken as a whole or in classified information submitted to the court under paragraph (2); or (E) not in accord with the procedures required by law. (4) Judicial review invoked The pendency of an action for judicial review of a designation, amended designation, or determination in response to a petition for revocation shall not affect the application of this section, unless the court issues a final order setting aside the designation, amended designation, or determination in response to a petition for revocation. (e) Imposition of sanctions under International Emergency Economic Powers Act (1) In general The President may, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 (A) block and prohibit all transactions in all property and interests in property of a foreign actor designated as a foreign intelligence threat to higher education under subsection (b)(1), if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person; or (B) (i) prohibit any institution, and all employees of an institution, from— (I) negotiating or entering into a contract with such a foreign actor; or (II) transferring information developed through research to such a foreign actor; and (ii) require any institution that has a contract with such a foreign actor in effect as of the date on which the foreign actor is designated as a foreign intelligence threat to higher education under subsection (b)(1) to terminate that contract. (2) Transfer defined For purposes of paragraph (1)(B)(i)(II), the term transfer (A) an actual shipment or transmission of the information out of the United States, including the sending or taking of information out of the United States, in any manner; (B) releasing or otherwise transferring the information, including technical data, to a foreign person in the United States (commonly referred to as a deemed export (C) visual or other inspection by a foreign person of the information that reveals information directly or indirectly related to critical technologies; and (D) oral or written exchanges with a foreign person of information, whether or not in the United States. (3) Inapplicability of national emergency requirement The requirements of section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 (4) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 (5) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1) or any regulation, license, or order issued to carry out that paragraph shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (f) Activities with national security implications (1) In general The Director shall provide the Secretary of Homeland Security with information about any foreign actor who has not been designated under subsection (b) if the foreign actor has engaged in any practice with national security implications, including— (A) transferring uncontrolled, but sensitive technology acquired during the foreign actor’s interactions with academic institutions; (B) significantly changing the nature or type of academic study initially reported by the foreign actor, such as changing his or her major from a nonsensitive field of study to a sensitive field of study; (C) significantly deviating from the terms of a nonimmigrant visa related to the study of technology deemed sensitive in nature; and (D) misrepresenting, omitting, or falsifying any information provided to the Department of State or the Department of Homeland Security regarding the purpose of the foreign actor’s presence in the United States. (2) Effect of revocation of visa If the Secretary of Homeland Security orders the revocation of a visa issued to a foreign actor described in paragraph (1), the foreign actor— (A) shall be permitted to voluntarily depart the United States within 10 days; and (B) may be given the opportunity to reapply for a visa outside of the United States. (3) Effect of failure to voluntarily depart If a foreign actor described in paragraph (2) chooses not to voluntarily depart the United States, the Secretary of Homeland Security shall provide for the expedited removal of the foreign actor from the United States in accordance with section 238(a)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1228(a)(3)(B) (g) Reports (1) In general Not later than 180 days after the date of enactment of this section, and every year thereafter, the Director shall submit to the relevant committees of Congress a detailed report containing the following: (A) A description and assessment of foreign actors who engage in activities listed in subsection (b)(1). (B) An assessment of the impact of foreign actors who engage in activities listed in subsection (b)(1) on scholarship and research and development in connection with institutions. (C) An assessment of the implementation and operation of the designation process for foreign intelligence threats to higher education established under this section. (D) An assessment of the likely effects of the designation of foreign intelligence threats to higher education on activities listed in subsection (b)(1) in connection with institutions. (2) Form of reports The reports required under paragraph (1) shall be submitted in an unclassified form, but may contain a classified annex. . (b) Deportability; expedited removal (1) Deportability Section 237(a)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(2)(A) (A) by redesignating clause (vi) as clause (vii); and (B) by inserting after clause (v) the following: (vi) Foreign intelligence threat to higher education Any alien who has been designated as a foreign intelligence threat to higher education under section 540D(b) of title 28, United States Code, is deportable. . (2) Expedited removal Section 238(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1228(a)(3) (A) by redesignating subparagraph (B) as subparagraph (C); and (B) by inserting after subparagraph (A) the following: (B) The Secretary of Homeland Security shall provide for the expedited removal of aliens who have been designated as a foreign intelligence threat to higher education under section 540D(b) of title 28, United States Code, in the interest of national security. . (c) Technical and conforming amendment The table of sections for chapter 33 540D. Designation of foreign intelligence threats to higher education. . 3. Disclosure of foreign gifts or contracts Section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f (1) by striking subsection (a) and inserting the following: (a) Disclosure report (1) In general An institution described in paragraph (2) for a calendar year shall file a disclosure report under subsection (b) with the Secretary by January 31 or July 31, whichever is sooner. (2) Types of institutions An institution described in this paragraph is an institution that— (A) is owned or controlled by a foreign source; (B) receives a gift from or enters into a contract with a foreign source, the value of which is $250,000 or more, considered alone or in combination with all other gifts from or contracts with that foreign source within a calendar year; or (C) receives a gift from or enters into a contract with a foreign intelligence threat to higher education, or any agent thereof. ; (2) in subsection (b)— (A) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and adjusting the margins appropriately; (B) by striking Report Report (1) In general Each ; (C) in subparagraph (A) (as so redesignated), by inserting , as measured by the fair market value of such gifts and contracts particular country (D) in subparagraph (B) (as so redesignated)— (i) by inserting the identity of the foreign government and, if applicable, the foreign government agency, and with a foreign government, (ii) by inserting , as measured by the fair market value of such gifts and contracts (E) by adding at the end the following: (2) Requirements relating to foreign intelligence threats For any institution described in subsection (a)(2)(C), the report required under this section shall contain, in addition to any applicable information required under paragraph (1)— (A) the identity of the foreign intelligence threat to higher education involved; and (B) the aggregate dollar amount of such gifts and contracts attributable to the foreign intelligence threat to higher education, as measured by the fair market value of such gifts and contracts. ; (3) in subsection (c), by adding at the end the following: (3) For any such gift received from, or contract entered into with, a foreign intelligence threat to higher education, the fair market value of the gift or contract, the date of the gift or contract, and a description of any such conditions or restrictions on the gift or contract. ; (4) in subsection (e), by inserting , and shall also be accessible to the public through electronic means (5) in subsection (h)— (A) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; (B) by inserting after paragraph (1) the following: (2) the term foreign intelligence threat to higher education ; (C) in paragraph (4) (as so redesignated), by striking or property , property, services, or payment to the staff of an institution (D) by striking paragraph (5) (as so redesignated) and inserting the following: (5) the term institution (A) to which Federal financial assistance is extended (directly or indirectly through another entity or person); or (B) that receives support from the extension of Federal financial assistance to any of the institution's subunits ; and (E) in paragraph (6)(B) (as so redesignated), by inserting institutes, instructional programs, research or lecture
Stop Higher Education Espionage and Theft Act of 2021
Allied Burden Sharing Report Act of 2021 This bill directs the Department of Defense (DOD) to report to Congress on the contributions of allies to the common defense. Specifically, DOD must report on (1) the defense spending and military activities of certain countries with cooperative defense agreements with the United States, (2) whether a country places limits on the use of funds contributed to the common defense, and (3) any U.S. actions to minimize such limitations. The report shall cover each North Atlantic Treaty Organization (NATO) member state, each Gulf Cooperation Council member state, each country party to the Inter-American Treaty of Reciprocal Assistance (Rio Treaty), and other specified countries.
98 S677 IS: Allied Burden Sharing Report Act of 2021 U.S. Senate 2021-03-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 677 IN THE SENATE OF THE UNITED STATES March 10, 2021 Mr. Lee Mr. Paul Ms. Ernst Mr. Lankford Mr. Hawley Mr. Hagerty Committee on Foreign Relations A BILL To require annual reports on allied contributions to the common defense, and for other purposes. 1. Short title This Act may be cited as the Allied Burden Sharing Report Act of 2021 2. Finding; sense of Congress (a) Finding Congress finds that section 1003 of the Department of Defense Authorization Act, 1985 ( Public Law 98–525 (1) expresses the sense of Congress that, due to threats that are ever-changing, Congress must be informed with respect to allied contributions to the common defense to properly assess the readiness of the United States and the countries described in section 3(b) for threats; and (2) requires the Secretary to submit to Congress an annual report on the contributions of allies to the common defense. (b) Sense of Congress It is the sense of Congress that— (1) the threats facing the United States— (A) extend beyond the global war on terror; and (B) include near-peer threats; and (2) the President should seek from each country described in section 3(b) acceptance of international security responsibilities and agreements to make contributions to the common defense in accordance with the collective defense agreements or treaties to which such country is a party. 3. Reports on allied contributions to the common defense (a) In general Not later than March 1 each year, the Secretary, in coordination with the heads of other Federal agencies, as the Secretary determines to be necessary, shall submit to the appropriate committees of Congress a report containing a description of— (1) the annual defense spending by each country described in subsection (b), including available data on nominal budget figures and defense spending as a percentage of the gross domestic products of each such country for the fiscal year immediately preceding the fiscal year in which the report is submitted; (2) the activities of each such country to contribute to military or stability operations in which the Armed Forces of the United States are a participant or may be called upon in accordance with a cooperative defense agreement to which the United States is a party; (3) any limitations placed by any such country on the use of such contributions; and (4) any actions undertaken by the United States or by other countries to minimize such limitations. (b) Countries described The countries described in this subsection are the following: (1) Each member state of the North Atlantic Treaty Organization. (2) Each member state of the Gulf Cooperation Council. (3) Each country party to the Inter-American Treaty of Reciprocal Assistance (Rio Treaty), done at Rio de Janeiro September 2, 1947, and entered into force December 3, 1948 (TIAS 1838). (4) Australia. (5) Japan. (6) New Zealand. (7) The Philippines. (8) South Korea. (9) Thailand. (c) Form Each report under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. (d) Availability A report submitted under subsection (a) shall be made available on request to any Member of Congress. 4. Definitions In this Act: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. (2) Secretary The term Secretary
Allied Burden Sharing Report Act of 2021
English Language Unity Act of 2021 This bill establishes English as the official language of the United States. It establishes a framework for implementation and enforcement, including by testing English as part of the naturalization process.
117 S678 IS: English Language Unity Act of 2021 U.S. Senate 2021-03-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 678 IN THE SENATE OF THE UNITED STATES March 10, 2021 Mr. Inhofe Mr. Cramer Mr. Rounds Mrs. Hyde-Smith Mr. Marshall Mrs. Blackburn Committee on Homeland Security and Governmental Affairs A BILL To declare English as the official language of the United States, to establish a uniform English language rule for naturalization, and to avoid misconstructions of the English language texts of the laws of the United States, pursuant to Congress’ powers to provide for the general welfare of the United States and to establish a uniform rule of naturalization under article I, section 8, of the Constitution. 1. Short title This Act may be cited as the English Language Unity Act of 2021 2. Findings Congress finds and declares the following: (1) The United States is comprised of individuals from diverse ethnic, cultural, and linguistic backgrounds, and continues to benefit from this rich diversity. (2) Throughout the history of the United States, the common thread binding individuals of differing backgrounds has been the English language. (3) Among the powers reserved to the States respectively is the power to establish the English language as the official language of the respective States, and otherwise to promote the English language within the respective States, subject to the prohibitions enumerated in the Constitution of the United States and in laws of the respective States. 3. English as official language of the United States (a) In general Title 4, United States Code, is amended by adding at the end the following: 6 Official language 161. Official language of the United States The official language of the United States is English. 162. Preserving and enhancing the role of the official language Representatives of the Federal Government shall have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Such obligation shall include encouraging greater opportunities for individuals to learn the English language. 163. Official functions of Government to be conducted in English (a) Scope For the purposes of this section— (1) the term official (A) binds the Government; (B) is required by law; or (C) is otherwise subject to scrutiny by either the press or the public; and (2) the term United States (b) Official functions The official functions of the Government of the United States shall be conducted in English. (c) Practical effect This section— (1) shall apply to all laws, public proceedings, regulations, publications, orders, actions, programs, and policies; and (2) shall not apply to— (A) teaching of languages; (B) requirements under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 (C) actions, documents, or policies necessary for national security, international relations, trade, tourism, or commerce; (D) actions or documents that protect the public health and safety; (E) actions or documents that facilitate the activities of the Bureau of the Census in compiling any census of population; (F) actions that protect the rights of victims of crimes or criminal defendants; or (G) using terms of art or phrases from languages other than English. 164. Uniform English language rule for naturalization (a) Uniform language testing standard All citizens of the United States should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution of the United States, and the laws of the United States made in pursuance of the Constitution of the United States. (b) Ceremonies All naturalization ceremonies shall be conducted in English. 165. Rules of construction Nothing in this chapter shall be construed— (1) to prohibit a Member of Congress or any officer or agent of the Federal Government, while performing official functions under section 163, from communicating unofficially through any medium with another person in a language other than English (as long as official functions are performed in English); (2) to limit the preservation or use of Native Alaskan or Native American languages (as defined in the Native American Languages Act ( 25 U.S.C. 2901 (3) to disparage any language or to discourage any person from learning or using a language; or (4) to be inconsistent with the Constitution of the United States. 166. Standing A person injured by a violation of this chapter may in a civil action (including an action under chapter 151 . (b) Clerical amendment The table of chapters at the beginning of title 4, United States Code, is amended by inserting after the item relating to chapter 5 the following: Chapter 6. Official language . 4. General rules of construction for English language texts of the laws of the United States (a) In general Chapter 1 9. General rules of construction for laws of the United States (a) English language requirements and workplace policies, whether in the public or private sector, shall be presumptively consistent with the laws of the United States. (b) Any ambiguity in the English language text of the laws of the United States shall be resolved, in accordance with the last two articles of the Bill of Rights, not to deny or disparage rights retained by the people, and to reserve powers to the States respectively, or to the people. . (b) Clerical amendment The table of sections at the beginning of chapter 1 section 8 9. General rules of construction for laws of the United States. . 5. Implementing regulations Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall issue for public notice and comment a proposed rule for uniform testing English language ability of candidates for naturalization, which shall be based upon the principles that— (1) all citizens of the United States should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution of the United States, and the laws of the United States which are made in pursuance thereof; and (2) any exceptions to the standard described in paragraph (1) should be limited to extraordinary circumstances, such as asylum. 6. Effective date The amendments made by sections 3 and 4 shall take effect on the date that is 180 days after the date of enactment of this Act.
English Language Unity Act of 2021
Regulations from the Executive in Need of Scrutiny Act of 2021 This bill revises provisions relating to congressional review of agency rulemaking. Specifically, the bill establishes a congressional approval process for a major rule. A major rule may only take effect if Congress approves of the rule. A major rule is a rule that results in (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. In addition, the bill establishes a congressional disapproval process for a nonmajor rule. A nonmajor rule may only take effect if Congress does not disapprove of the rule.
117 S68 IS: Regulations from the Executive in Need of Scrutiny Act of 2021 U.S. Senate 2021-01-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 68 IN THE SENATE OF THE UNITED STATES January 27, 2021 Mr. Paul Mr. Grassley Mr. Portman Mr. Scott of Florida Mr. Rubio Mr. Inhofe Mr. Young Mr. Moran Mr. Rounds Mr. Cramer Mr. Blunt Ms. Ernst Mr. Sullivan Mrs. Blackburn Mr. Toomey Mr. Sasse Mr. Lee Mr. Cassidy Mr. Marshall Mr. Braun Mr. Cruz Mr. Johnson Mr. Crapo Mrs. Hyde-Smith Mr. Risch Committee on Homeland Security and Governmental Affairs A BILL To amend chapter 8 1. Short title This Act may be cited as the Regulations from the Executive in Need of Scrutiny Act of 2021 2. Purpose The purpose of this Act is to increase accountability for and transparency in the Federal regulatory process. Section 1 of article I of the United States Constitution grants all legislative powers to Congress. Over time, Congress has excessively delegated its constitutional charge while failing to conduct appropriate oversight and retain accountability for the content of the laws it passes. By requiring a vote in Congress, the REINS Act will result in more carefully drafted and detailed legislation, an improved regulatory process, and a legislative branch that is truly accountable to the American people for the laws imposed upon them. 3. Congressional review of agency rulemaking Chapter 8 8 Congressional Review of Agency Rulemaking Sec. 801. Congressional review. 802. Congressional approval procedure for major rules. 803. Congressional disapproval procedure for nonmajor rules. 804. Definitions. 805. Judicial review. 806. Exemption for monetary policy. 807. Effective date of certain rules. 801. Congressional review (a) (1) (A) Before a rule may take effect, the Federal agency promulgating such rule shall publish in the Federal Register a list of information on which the rule is based, including data, scientific and economic studies, and cost-benefit analyses, and identify how the public can access such information online, and shall submit to each House of the Congress and to the Comptroller General a report containing— (i) a copy of the rule; (ii) a concise general statement relating to the rule; (iii) a classification of the rule as a major or nonmajor rule, including an explanation of the classification specifically addressing each criteria for a major rule contained within subparagraphs (A) through (C) of section 804(2); (iv) a list of any other related regulatory actions intended to implement the same statutory provision or regulatory objective as well as the individual and aggregate economic effects of those actions; and (v) the proposed effective date of the rule. (B) On the date of the submission of the report under subparagraph (A), the Federal agency promulgating the rule shall submit to the Comptroller General and make available to each House of Congress— (i) a complete copy of the cost-benefit analysis of the rule, if any, including an analysis of any jobs added or lost, differentiating between public and private sector jobs; (ii) the agency’s actions pursuant to sections 603, 604, 605, 607, and 609 of this title; (iii) the agency’s actions pursuant to sections 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995; and (iv) any other relevant information or requirements under any other Act and any relevant Executive orders. (C) Upon receipt of a report submitted under subparagraph (A), each House shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction under the rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which the rule is issued. (2) (A) The Comptroller General shall provide a report on each major rule to the committees of jurisdiction by the end of 15 calendar days after the submission or publication date. The report of the Comptroller General shall include an assessment of the agency’s compliance with procedural steps required by paragraph (1)(B) and an assessment of whether the major rule imposes any new limits or mandates on private-sector activity. (B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General’s report under subparagraph (A). (3) A major rule relating to a report submitted under paragraph (1) shall take effect upon enactment of a joint resolution of approval described in section 802 or as provided for in the rule following enactment of a joint resolution of approval described in section 802, whichever is later. (4) A nonmajor rule shall take effect as provided by section 803 after submission to Congress under paragraph (1). (5) If a joint resolution of approval relating to a major rule is not enacted within the period provided in subsection (b)(2), then a joint resolution of approval relating to the same rule may not be considered under this chapter in the same Congress by either the House of Representatives or the Senate. (b) (1) A major rule shall not take effect unless the Congress enacts a joint resolution of approval described under section 802. (2) If a joint resolution described in subsection (a) is not enacted into law by the end of 70 session days or legislative days, as applicable, beginning on the date on which the report referred to in subsection (a)(1)(A) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), then the rule described in that resolution shall be deemed not to be approved and such rule shall not take effect. (c) (1) Notwithstanding any other provision of this section (except subject to paragraph (3)), a major rule may take effect for one 90-calendar-day period if the President makes a determination under paragraph (2) and submits written notice of such determination to the Congress. (2) Paragraph (1) applies to a determination made by the President by Executive order that the major rule should take effect because such rule is— (A) necessary because of an imminent threat to health or safety or other emergency; (B) necessary for the enforcement of criminal laws; (C) necessary for national security; or (D) issued pursuant to any statute implementing an international trade agreement. (3) An exercise by the President of the authority under this subsection shall have no effect on the procedures under section 802. (d) (1) In addition to the opportunity for review otherwise provided under this chapter, in the case of any rule for which a report was submitted in accordance with subsection (a)(1)(A) during the period beginning on the date occurring— (A) in the case of the Senate, 60 session days; or (B) in the case of the House of Representatives, 60 legislative days, before the date the Congress is scheduled to adjourn a session of Congress through the date on which the same or succeeding Congress first convenes its next session, sections 802 and 803 shall apply to such rule in the succeeding session of Congress. (2) (A) In applying sections 802 and 803 for purposes of such additional review, a rule described under paragraph (1) shall be treated as though— (i) such rule were published in the Federal Register on— (I) in the case of the Senate, the 15th session day; or (II) in the case of the House of Representatives, the 15th legislative day, after the succeeding session of Congress first convenes; and (ii) a report on such rule were submitted to Congress under subsection (a)(1) on such date. (B) Nothing in this paragraph shall be construed to affect the requirement under subsection (a)(1) that a report shall be submitted to Congress before a rule can take effect. (3) A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section). 802. Congressional approval procedure for major rules (a) (1) For purposes of this section, the term joint resolution (A) bears no preamble; (B) bears the following title (with blanks filled as appropriate): Approving the rule submitted by ___ relating to ___. (C) includes after its resolving clause only the following (with blanks filled as appropriate): That Congress approves the rule submitted by ___ relating to ___. (D) is introduced pursuant to paragraph (2). (2) After a House of Congress receives a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii), the majority leader of that House (or his or her respective designee) shall introduce (by request, if appropriate) a joint resolution described in paragraph (1)— (A) in the case of the House of Representatives, within 3 legislative days; and (B) in the case of the Senate, within 3 session days. (3) A joint resolution described in paragraph (1) shall not be subject to amendment at any stage of proceeding. (b) A joint resolution described in subsection (a) shall be referred in each House of Congress to the committees having jurisdiction over the provision of law under which the rule is issued. (c) In the Senate, if the committee or committees to which a joint resolution described in subsection (a) has been referred have not reported it at the end of 15 session days after its introduction, such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar. A vote on final passage of the resolution shall be taken on or before the close of the 15th session day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution. (d) (1) In the Senate, when the committee or committees to which a joint resolution is referred have reported, or when a committee or committees are discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. (2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. (e) In the House of Representatives, if any committee to which a joint resolution described in subsection (a) has been referred has not reported it to the House at the end of 15 legislative days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On the second and fourth Thursdays of each month it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 5 legislative days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken by the third Thursday on which the Speaker may recognize a Member under this subsection, such vote shall be taken on that day. (f) (1) If, before passing a joint resolution described in subsection (a), one House receives from the other a joint resolution having the same text, then— (A) the joint resolution of the other House shall not be referred to a committee; and (B) the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House until the vote on passage, when the joint resolution received from the other House shall supplant the joint resolution of the receiving House. (2) This subsection shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure. (g) If either House has not taken a vote on final passage of the joint resolution by the last day of the period described in section 801(b)(2), then such vote shall be taken on that day. (h) This section and section 803 are enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such are deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a) and superseding other rules only where explicitly so; and (2) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. 803. Congressional disapproval procedure for nonmajor rules (a) For purposes of this section, the term joint resolution That Congress disapproves the nonmajor rule submitted by the ___ relating to ___ , and such rule shall have no force or effect. (b) A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction. (c) In the Senate, if the committee to which is referred a joint resolution described in subsection (a) has not reported such joint resolution (or an identical joint resolution) at the end of 15 session days after the date of introduction of the joint resolution, such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Members of the Senate, and such joint resolution shall be placed on the calendar. (d) (1) In the Senate, when the committee to which a joint resolution is referred has reported, or when a committee is discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. (2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. (e) In the Senate, the procedure specified in subsection (c) or (d) shall not apply to the consideration of a joint resolution respecting a nonmajor rule— (1) after the expiration of the 60 session days beginning with the applicable submission or publication date; or (2) if the report under section 801(a)(1)(A) was submitted during the period referred to in section 801(d)(1), after the expiration of the 60 session days beginning on the 15th session day after the succeeding session of Congress first convenes. (f) If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply: (1) The joint resolution of the other House shall not be referred to a committee. (2) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution— (A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (B) the vote on final passage shall be on the joint resolution of the other House. 804. Definitions For purposes of this chapter: (1) The term Federal agency (2) The term major rule (A) an annual effect on the economy of $100 million or more; (B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (C) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. (3) The term nonmajor rule (4) The term rule (A) any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefore, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing; (B) any rule relating to agency management or personnel; or (C) any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties. (5) The term submission or publication date (A) in the case of a major rule, the date on which the Congress receives the report submitted under section 801(a)(1); and (B) in the case of a nonmajor rule, the later of— (i) the date on which the Congress receives the report submitted under section 801(a)(1); and (ii) the date on which the nonmajor rule is published in the Federal Register, if so published. 805. Judicial review (a) No determination, finding, action, or omission under this chapter shall be subject to judicial review. (b) Notwithstanding subsection (a), a court may determine whether a Federal agency has completed the necessary requirements under this chapter for a rule to take effect. (c) The enactment of a joint resolution of approval under section 802 shall not be interpreted to serve as a grant or modification of statutory authority by Congress for the promulgation of a rule, shall not extinguish or affect any claim, whether substantive or procedural, against any alleged defect in a rule, and shall not form part of the record before the court in any judicial proceeding concerning a rule except for purposes of determining whether or not the rule is in effect. 806. Exemption for monetary policy Nothing in this chapter shall apply to rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee. 807. Effective date of certain rules Notwithstanding section 801— (1) any rule that establishes, modifies, opens, closes, or conducts a regulatory program for a commercial, recreational, or subsistence activity related to hunting, fishing, or camping; or (2) any rule other than a major rule which an agency for good cause finds (and incorporates the finding and a brief statement of reasons therefore in the rule issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest, shall take effect at such time as the Federal agency promulgating the rule determines. . 4. Budgetary effects of rules subject to section 802 of title 5, United States Code Section 257(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 907(b)(2) (E) Budgetary effects of rules subject to section 802 of title 5, United States Code Any rule subject to the congressional approval procedure set forth in section 802 of chapter 8 . 5. Government Accountability Office study of rules (a) In general The Comptroller General of the United States shall conduct a study to determine, as of the date of the enactment of this Act— (1) how many rules (as such term is defined in section 804 of title 5, United States Code) were in effect; (2) how many major rules (as such term is defined in section 804 of title 5, United States Code) were in effect; and (3) the total estimated economic cost imposed by all such rules. (b) Report Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that contains the findings of the study conducted under subsection (a).
Regulations from the Executive in Need of Scrutiny Act of 2021
Connecting America's Active Transportation System Act This bill directs the Department of Transportation (DOT) to carry out an active transportation investment program to provide competitive grants to state, local, and regional government entities, and Indian tribes to construct projects that connect walking and bicycling infrastructure within and between communities, metropolitan regions, or states. The bill sets forth various limitations on the use of funds by DOT, including that it must obligate at least 30% of funds to projects that connect people with public transportation, businesses, workplaces, schools, residences, recreation areas, and other community activity centers; set aside at least $3 million to provide planning grants for eligible entities; and set aside at least $2 million to cover the costs of administration, research, technical assistance, communications, and training activities under the program. The federal share of grants must not exceed 80% of the total project cost. However, DOT may increase the federal share to 100% for disadvantaged communities with a poverty rate of over 40%.
116 S3391 IS: Connecting America’s Active Transportation System Act U.S. Senate 2020-03-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 116th CONGRESS 2d Session S. 3391 IN THE SENATE OF THE UNITED STATES March 4, 2020 Mr. Markey Mr. Van Hollen Mr. Blumenthal Ms. Harris Mr. Sanders Committee on Environment and Public Works A BILL To direct the Secretary of Transportation to carry out an active transportation investment program to make grants to eligible applicants to build safe and connected options for bicycles and walkers within and between communities, and for other purposes. 1. Short title This Act may be cited as the Connecting America’s Active Transportation System Act 2. Findings Congress finds the following: (1) Nearly half of the trips taken in the United States are within a 20-minute bicycle ride, and nearly a quarter of such trips are within a 20-minute walk. (2) Approximately 90 percent of public transportation trips are accessible by walking or bicycling. (3) Communities that invest in active transportation infrastructure experience significant increases in bicycling and walking rates over time, and such investments are in strong demand because they lead to a higher quality of life, better health, a stronger economy, and increased mobility in communities where investments are made. (4) The communities that perform best in encouraging active transportation create in­ter­con­nect­ed systems that make it convenient and safe to travel on foot or by bicycle to destinations on a routine basis. (5) Achieving a mode shift to active transportation within a community requires intensive, concentrated funding of active transportation systems rather than discrete, piecemeal projects. (6) Increased use of active transportation reduces traffic congestion, greenhouse gas emissions, vehicle miles traveled, and rates of obesity and chronic disease associated with physical inactivity. (7) Given the contribution that active transportation makes to national policy goals, and the opportunity active transportation provides to accommodate short trips at the least cost to the public and individuals, funding of active transportation is one of the most strategic and cost effective Federal transportation investments available. (8) The Federal Government is uniquely qualified to facilitate interstate connections necessary to build long distance active transportation spines and regional connections in communities that span State boundaries. 3. Active transportation infrastructure investment program (a) In general The Secretary shall carry out an active transportation infrastructure investment program to make grants, on a competitive basis, to eligible organizations to construct eligible projects to provide safe and connected active transportation facilities in an active transportation network or active transportation spine. (b) Application (1) In general To be eligible to receive a grant under this section, an eligible organization shall submit to the Secretary an application in such manner and containing such information as the Secretary may require. (2) Eligible projects partially on Federal land With respect to an application for an eligible project that is located in part on Federal lands, an eligible organization shall enter into a cooperative agreement with the appropriate Federal agency with jurisdiction over such land to submit an application described in paragraph (1). (c) Application considerations In making a grant for construction of an active transportation network or active transportation spine under this section, the Secretary shall consider the following: (1) Whether the eligible organization submitted a plan for an eligible project for the development of walking and bicycling infrastructure that is likely to provide substantial additional opportunities for walking and bicycling, including effective plans to— (A) create an active transportation network connecting destinations within or between communities, including schools, workplaces, residences, businesses, recreation areas, and other community areas, or create an active transportation spine connecting two or more communities, metropolitan regions, or States; and (B) integrate active transportation facilities with transit services, where available, to improve access to public transportation. (2) Whether the eligible organization demonstrates broad community support through— (A) the use of public input in the development of transportation plans; and (B) the commitment of community leaders to the success and timely implementation of an eligible project. (3) Whether the eligible organization provides evidence of commitment to traffic safety, regulations, financial incentives, or community design policies that facilitate significant increases in walking and bicycling. (4) The extent to which the eligible organization demonstrates commitment of State, local, or eligible Federal matching funds, and land or in-kind contributions, in addition to the local match required under subsection (f)(1), unless the applicant qualifies for an exception under subsection (f)(2). (5) The extent to which the eligible organization demonstrates that the grant will address existing disparities in bicyclist and pedestrian fatality rates based on race or income level or provide access to jobs and services for low-income communities and communities of color. (6) Whether the eligible organization demonstrates how investment in active transportation will advance safety for pedestrians and cyclists, accessibility to jobs and key destinations, economic competitiveness, environmental protection, and quality of life. (d) Use of funds (1) In general Of the amounts made available to carry out this section and except as provided in paragraph (2), the Secretary shall obligate— (A) not less than 30 percent to eligible projects that construct active transportation networks that connect people with public transportation, businesses, workplaces, schools, residences, recreation areas, and other community activity centers; and (B) not less than 30 percent to eligible projects that construct active transportation spines. (2) Planning and design grants Each fiscal year, the Secretary shall set aside not less than $3,000,000 from the funds made available to carry out this section to provide planning grants for eligible organizations to develop plans for active transportation networks and active transportation spines. (3) Administrative costs Each fiscal year, the Secretary shall set aside not more than $2,000,000 of the funds made available to carry out this section to cover the costs of administration, research, technical assistance, communications, and training activities under the program. (4) Limitation on statutory construction Nothing in this subsection shall be construed to prohibit an eligible organization from receiving research or other funds under titles 23 or 49, United States Code. (e) Grant timing (1) Request for application Not later than 30 days after funds are made available to carry out this section, the Secretary shall publish in the Federal Register a request for applications for grants under this section. (2) Selection of grant recipients Not later than 150 days after funds are made available to carry out this section, the Secretary shall select grant recipients for grants under this section. (f) Federal share (1) In general Except as provided in paragraph (2), the Federal share of a grant under this section shall not exceed 80 percent of the total project cost. (2) Exception for disadvantaged communities For projects serving communities with a poverty rate of over 40 percent based on the majority of census tracts served by such project, the Secretary may increase the Federal share of a grant under this section up to 100 percent of the total project cost. (g) Contract authority Funds made available to carry out this section shall be available for obligation and administered in the same manner as if such funds were apportioned under chapter 1 (h) Assistance to Indian tribes In carrying out this section, the Secretary may enter into grant agreements, self determination contracts and self-governance compacts under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 (i) Reports (1) Interim report Not later than September 30, 2023, the Secretary shall submit to Congress a report containing the information described in paragraph (3). (2) Final report Not later than September 30, 2025, the Secretary shall submit to Congress a report containing the information described in paragraph (3). (3) Report information A report submitted under this subsection shall contain the following: (A) A list of grants made under this section. (B) Best practices of recipients in implementing active transportation projects. (C) Impediments experienced by recipients of grants under this section in developing and shifting to active transportation. (j) Rule required Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a final rule that encourages the use of the programmatic categorical exclusion, expedited procurement techniques, and other best practices to facilitate productive and timely expenditures for projects that are small, low impact, and constructed within an existing built environment. (k) Authorization of appropriations There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $500,000,000 for each of fiscal years 2020 through 2024 to carry out this section. (l) Definitions In this Act: (1) Active transportation The term active transportation (2) Active transportation network The term active transportation network (3) Active transportation spine The term active transportation spine (4) Community The term community (5) Eligible organization The term eligible organization (A) a local or regional governmental organization, including a metropolitan planning organization or regional planning organization or council; (B) a multi-county special district; (C) a State; (D) a multi-State group of governments; or (E) an Indian tribe. (6) Eligible project The term eligible project (A) within or between a community or group of communities, at least one of which falls within the jurisdiction of an eligible organization, which has submitted an application under this section; and (B) that has— (i) a total cost of not less than $15,000,000; or (ii) with respect to planning and design grants, planning and design costs of not less than $100,000. (7) Indian tribe The term Indian tribe 25 U.S.C. 5304(e) (8) Secretary The term Secretary (9) Total project cost The term total project cost (A) the cost of acquiring real property; (B) the cost of site preparation, demolition, and development; (C) expenses related to the issuance of bonds or notes; (D) fees in connection with the planning, execution, and financing of the project; (E) the cost of studies, surveys, plans, permits, insurance, interest, financing, tax, and assessment costs; (F) the cost of construction, rehabilitation, reconstruction, and equipping the project; (G) the cost of land improvements; (H) contractor fees; (I) the cost of training and education related to the safety of users of any bicycle or pedestrian network or spine constructed as part of an eligible project; and (J) any other cost that the Secretary determines is necessary and reasonable.
Connecting America’s Active Transportation System Act
Global Trade Accountability Act This bill requires congressional approval of any proposed unilateral trade action that has the effect of increasing trade barriers.
117 S691 IS: Global Trade Accountability Act U.S. Senate 2021-03-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 691 IN THE SENATE OF THE UNITED STATES March 10, 2021 Mr. Lee Mr. Moran Mr. Paul Committee on Finance A BILL To provide for congressional review of the imposition of duties and other trade measures by the executive branch, and for other purposes. 1. Short title This Act may be cited as the Global Trade Accountability Act 2. Congressional review of unilateral trade actions (a) In general Chapter 5 of title I of the Trade Act of 1974 ( 19 U.S.C. 2191 155. Congressional review of unilateral trade actions (a) Unilateral trade action defined (1) In general In this section, the term unilateral trade action (A) A prohibition on importation of the article. (B) The imposition of or an increase in a duty applicable to the article. (C) The imposition or tightening of a tariff-rate quota applicable to the article. (D) The imposition or tightening of a quantitative restriction on the importation of the article. (E) The suspension, withdrawal, or prevention of the application of trade agreement concessions with respect to the article. (F) Any other restriction on importation of the article. (2) Provisions of law specified The provisions of law specified in this paragraph are the following: (A) Section 122. (B) Chapter 1 of title II. (C) Title III. (D) Section 406. (E) Section 338 of the Tariff Act of 1930 ( 19 U.S.C. 1338 (F) Section 232 of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862 (G) Section 103(a) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 ( 19 U.S.C. 4202(a) (H) The Trading with the Enemy Act ( 50 U.S.C. 4301 (I) The International Emergency Economic Powers Act ( 50 U.S.C. 1701 (J) Any provision of law enacted to implement a trade agreement to which the United States is a party. (K) Any provision of a trade agreement to which the United States is a party. (3) Exception for technical corrections to Harmonized Tariff Schedule A technical correction to the Harmonized Tariff Schedule of the United States shall not be considered a unilateral trade action for purposes of this section. (b) Congressional approval required A unilateral trade action may not take effect unless— (1) the President submits to Congress and to the Comptroller General of the United States a report that includes— (A) a description of the proposed unilateral trade action; (B) the proposed effective period for the action; (C) an economic cost-benefit analysis of the action, including an assessment of— (i) whether the action is in the national economic interest of the United States; and (ii) the macroeconomic effects of the action on— (I) employment in the United States; (II) the gross domestic product of the United States; and (III) revenues and expenditures of the Federal Government; and (D) a list of articles that will be affected by the action by subheading number of the Harmonized Tariff Schedule of the United States; and (2) a joint resolution of approval is enacted pursuant to subsection (d) with respect to the action. (c) Report of Comptroller General Not later than 30 days after the submission of the report required by subsection (b)(1) with respect to a proposed unilateral trade action, the Comptroller General shall submit to Congress a report on the proposed action that includes an assessment of the compliance of the President with the provision of law specified in subsection (a)(2) pursuant to which the action would be taken. (d) Procedures for joint resolution of approval (1) Joint resolution of approval defined For purposes of this subsection, the term joint resolution of approval (A) states that Congress approves an action proposed by the President in a report submitted under subsection (b)(1); and (B) describes the action being approved by Congress. (2) Introduction During the period of 45 days after a House of Congress receives a report under subsection (b)(1) with respect to a unilateral trade action, a joint resolution of approval may be introduced by any Member of that House. (3) Committee consideration (A) Referral A joint resolution of approval introduced in the House of Representatives shall be referred to the Committee on Ways and Means and a joint resolution of approval introduced in the Senate shall be referred to the Committee on Finance. (B) Consideration The Committee on Ways and Means and the Committee on Finance may, in considering a joint resolution of approval, hold such hearings and meetings and solicit such testimony as the Committee considers appropriate. (C) Reporting (i) In general Subject to subparagraph (D), the Committee on Ways and Means and the Committee on Finance may, at any time after receiving a joint resolution of approval, report the resolution favorably or unfavorably. (ii) Subsequent resolutions If a subsequent joint resolution of approval relating to the same unilateral trade action proposed in the same report submitted under subsection (b)(1) is referred to the Committee on Ways and Means or the Committee on Finance after the first such resolution is reported or discharged, the subsequent resolution shall not be reported under this subparagraph. (iii) Placement on calendar A joint resolution of approval reported by the Committee on Ways and Means or the Committee on Finance shall lie over one legislative day and then be placed on the appropriate calendar. (D) Discharge (i) In general If the Committee on Ways and Means or the Committee on Finance has not reported a joint resolution of approval by the date that is 15 days after the resolution is referred to the committee, the resolution shall be automatically discharged from the committee and placed on the appropriate calendar. (ii) Prohibition on motions to recommit A motion to recommit a joint resolution of approval shall not be in order. (iii) Subsequent resolutions If a subsequent joint resolution of approval relating to the same unilateral trade action proposed in the same report submitted under subsection (b)(1) is referred to the Committee on Ways and Means or the Committee on Finance after the first such resolution is reported or discharged, the subsequent resolution shall not be discharged under this subparagraph. (4) Floor consideration in Senate In the Senate: (A) Motion to proceed (i) Timing A motion to proceed to a joint resolution of approval is in order at any time after the resolution is placed on the calendar. (ii) Motion by any Senator Any Senator may move to proceed to a joint resolution of approval. (iii) Privilege A motion to proceed to the consideration of the joint resolution of approval is privileged, except that this clause shall apply only to a motion to proceed to a joint resolution of approval reported or discharged from the Committee on Finance under paragraph (3) or to the first joint resolution of approval placed on the calendar after passage in the House of Representatives. (iv) Debate Debate on a motion to proceed to a joint resolution of approval is limited to not more than 5 hours, equally divided between Senators favoring and Senators opposing the resolution. (v) Motion not amendable The motion to proceed to the joint resolution of approval is not amendable. A motion to reconsider is not in order. A motion to table is not in order. (vi) Other motions not in order After a motion to proceed to a joint resolution of approval is agreed to, motions to postpone or to consider other business are not in order. (B) Motions and appeals All motions and appeals relating to a joint resolution of approval shall be decided by the Senate without debate. (5) Consideration in House of Representatives In the House of Representatives, if any committee to which a joint resolution of approval has been referred has not reported it to the House at the end of 10 calendar days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On Thursdays it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 3 calendar days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up, a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken on or before the close of the 10th calendar day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution, such vote shall be taken on that day. (6) Receipt of resolution from other house If, before passing a joint resolution of approval, one House receives from the other a joint resolution of approval from the other House, then— (A) the joint resolution of the other House shall not be referred to a committee and shall be deemed to have been discharged from committee on the day it is received; and (B) the procedures set forth in paragraph (4) or (5), as applicable, shall apply in the receiving House to the joint resolution received from the other House to the same extent as such procedures apply to a joint resolution of the receiving House. (7) Rules of House of Representatives and Senate This subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, and the rules provided for in this section supersede other rules only to the extent that they are inconsistent with such other rules; and (B) with the full recognition of the constitutional right of either House to change the rules provided for in this section (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. (e) Report by the United States International Trade Commission Not later than 12 months after the date of a unilateral trade action taken pursuant to this section, the United States International Trade Commission shall submit to Congress a report on the effects of the action on the United States economy, including a comprehensive assessment of the economic effects of the action on producers and consumers in the United States. . (b) Clerical amendment The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 154 the following: Sec. 155. Congressional review of unilateral trade actions. .
Global Trade Accountability Act
Hello Girls Congressional Gold Medal Act of 2021 This bill provides for the award of a single Congressional Gold Medal in honor of the female telephone operators of the Army Signal Corps, commonly known as the Hello Girls, in recognition of their military service, devotion to duty, and 60-year struggle for veterans' benefits and recognition as soldiers.
117 S692 IS: Hello Girls Congressional Gold Medal Act of 2021 U.S. Senate 2021-03-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 692 IN THE SENATE OF THE UNITED STATES March 10, 2021 Mr. Tester Mr. Moran Ms. Hassan Mrs. Blackburn Committee on Banking, Housing, and Urban Affairs A BILL To award a Congressional Gold Medal to the female telephone operators of the Army Signal Corps, known as the Hello Girls 1. Short title This Act may be cited as the Hello Girls Congressional Gold Medal Act of 2021 2. Findings Congress finds the following: (1) On April 6, 1917, the United States declared war against Germany. As a historically neutral nation, the United States was unprepared to fight a technologically modern conflict overseas. The United States called upon American Telephone and Telegraph (referred to in this section as AT&T An Act for making further and more effectual provision for the national defense, and for other purposes. National Defense Act of 1916 (2) When General John Pershing sailed for Europe in May of 1917 as head of the American Expeditionary Forces (referred to in this section as the AEF (3) From May to November of 1917, the AEF struggled to develop the telephone service necessary for the Army to function under battlefield conditions. Monolingual infantrymen from the United States were unable to connect calls rapidly or communicate effectively with their French counterparts to put calls through over toll lines that linked one region of the country with another. The Army found that the average male operator required 60 seconds to make a connection. That rate was unacceptably slow, especially for operational calls between command outposts and the front lines. (4) During this time, in the United States, telephone operating was largely sex-segregated. Hired for their speed in connecting calls, women filled 85 percent of the telephone operating positions in the United States. It took the average female operator 10 seconds to make a connection. (5) On November 8, 1917, General Pershing cabled the War Department and wrote, On account of the great difficulty of obtaining properly qualified men, request organization and dispatch to France a force of women telephone operators all speaking French and English equally well. All should have allowances of Army nurses and should be uniformed. (6) The War Department sent press releases to newspapers across the United States to recruit women willing to serve for the duration of the war and face the hazards of submarine warfare and aerial bombardment. These articles emphasized that patriotic women would be full-fledged soldier[s] under the articles of war do as much to help win the war as the men in khaki who go over the top. (7) More than 7,600 women volunteered for the 100 positions described in paragraph (5) and the first recruits took the Army oath on January 15, 1918. (8) Like nurses and doctors at the time, female Signal Corps members had relative rather than traditional ranks and were ranked as Operator, Supervisor, or Chief Operator. When promoted, the women were required to swear the Army oath again. (9) Telephone operators were the first women to serve as soldiers in non-medical classifications and the job of the operators was to help win the war, not to mitigate the harms of the war. In popular parlance, they were known as the Hello Girls (10) Signal Corps Operators wore Army uniforms and Army insignia always, as well as standard-issue identity disks in case of death, and were subject to court martial for infractions of the military code. (11) Unbeknownst to the women operators and their immediate officers, the legal counsel of the Army ruled internally on March 20, 1918, that the women were not actually soldiers but contract employees, even though the women had not seen or signed any contracts. Military code allowed only for the induction of men and the code remained unchanged despite the orders of General Pershing. Nevertheless, legal counsel also recognized that the National Defense Act of 1916, which allowed for the induction of members of the telephone industry of the United States into the Armed Forces, imposed no gender restrictions. (12) Four days later, on March 24, 1918, the first contingent of operators began their official duties in France. The operators arrived before most infantrymen of the Armed Forces in order to facilitate logistics and deployment and spent their first night in Paris under German bombardment. (13) After the arrival of the operators, telephone service in France improved immediately, as calls tripled from 13,000 to 36,000 per day. (14) The Army quickly recruited, trained, and deployed 5 additional contingents of female Signal Corps operators. With these personnel, calls increased to 150,000 per day. (15) In addition to standard telephone operating, bilingual Signal Corps members provided simultaneous translation between officers from France and officers from the United States, who were communicating by telephone. (16) The AEF fought their first major battles in the last 2 months of the war. By that point, the Signal Corps considered the contributions of women to be so essential that, in telephone exchanges closest to the front line, the Army exclusively used women, in rotating 12-hour shifts. In the rear, the Army established rotating 8-hour shifts and gave male soldiers the overnight shift when telephone traffic was slower. (17) Seven bilingual operators— (A) served at the Battles of St. Mihiel and Meuse-Argonne under the immediate command of General Pershing; (B) staffed the Operations Boards through which orders to advance, fire, and retreat were delivered to soldiers in the trenches, to artillery units on alert, and to pilots awaiting orders at French airfields; and (C) were awarded a Defensive Sector Clasp (18) The Chief Operator supervising the Hello Girls, Grace Banker of Passaic, New Jersey, was awarded the Distinguished Service Medal. Out of 16,000 eligible Signal Corps officers, Banker was one of only 18 individuals so honored. (19) Thirty additional operators received special commendations, many signed by General Pershing himself, for exceptionally meritorious and conspicuous services Advance Sections (20) The war ended on November 11, 1918. As of that date, 223 female operators served in France and had connected 26,000,000 calls for the AEF. (21) The Chief Signal Officer of the Army Signal Corps wrote in his official report 2 days after the date on which the war ended that a large part of the success of the communications of this Army is due to … a competent staff of women operators. (22) After the war ended, some women were ordered to Coblenz in Germany for the occupation of that country and to Paris for the Paris Peace Treaty of 1919 to continue telephone operations, sometimes in direct support of President Woodrow Wilson. (23) Two operators, Corah Bartlett and Inez Crittenden, died in France in the service of the United States and were buried there in military cemeteries with military ceremonies. Those operators died of the same influenza pandemic that killed more soldiers of the Armed Forces than combat operations. (24) Women of the Army Signal Corps were ineligible for discharge until formal release. Because of their role in logistics, those women were among the last soldiers to come home to the United States. The last Signal Corps operators returned from France in January of 1920. (25) Upon arrival in the United States, the Army informed female veterans that they had performed as civilians, not soldiers, even though operators had served in Army uniform in a theater of war surrounded by men who were similarly engaged. (26) Despite the objections of General George Squier, the top-ranking officer in the Signal Corps, the Army denied Signal Corps women the veterans’ benefits granted to male soldiers and female nurses, such as— (A) hospitalization for disabilities incurred in the line of duty; (B) cash bonuses; (C) soldiers’ pensions; (D) flags on their coffins; and (E) the Victory Medals promised them in France. (27) For the next 60 years, female veterans, led by Merle Egan from Montana, petitioned Congress more than 50 times for their recognition. In 1977, under the sponsorship of Senator Barry Goldwater, Congress passed legislation to retroactively acknowledge the military service of the Women’s Airforce Service Pilots (referred to in this section as WASPs the service of any person in any other similarly situated group the members of which rendered service to the Armed Forces of the United States in a capacity considered civilian employment or contractual service at the time such service was rendered (28) On November 23, 1977, President Jimmy Carter signed the legislation described in paragraph (27) into law as the GI Bill Improvement Act of 1977 ( Public Law 95–202 (29) The Signal Corps telephone operators applied for, and were granted, status as veterans in 1979. (30) Only 33 of the operators who had returned home after the war were still alive to receive their Victory Medals and official discharge papers, which were finally awarded in 1979. (31) One of the women, Olive Shaw from Massachusetts, returned to the United States after the war, where she worked on the professional staff of Congresswoman Edith Nourse Rogers. Shaw lived to receive her honorable discharge and was the first burial when the Massachusetts National Cemetery opened on October 11, 1980. Shaw’s uniform is on display at the National World War I Museum and Memorial in Kansas City, Missouri. (32) Upon receipt of her honorable discharge at a ceremony in her home in Marine City, Michigan, Hello Girl (33) On July 1, 2009, President Barack Obama signed into law Public Law 111–40 (34) For their role as pioneers who paved the way for all women in uniform, and for service that was essential to victory in World War I, the Hello Girls 3. Congressional gold medal (a) Award authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of Congress, of a single gold medal of appropriate design in honor of the female telephone operators of the Army Signal Corps (commonly known as the Hello Girls (1) pioneering military service; (2) devotion to duty; and (3) 60-year struggle for— (A) recognition as soldiers; and (B) veterans’ benefits. (b) Design and striking For the purposes of the award described in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary (c) Smithsonian Institution (1) In general After the award of the gold medal under subsection (a), the medal shall be given to the Smithsonian Institution, where the medal shall be available for display, as appropriate, and made available for research. (2) Sense of Congress It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available elsewhere, particularly at— (A) appropriate locations associated with— (i) the Army Signal Corps; (ii) the Women in Military Service for America Memorial; (iii) the U.S. Army Women’s Museum; and (iv) the National World War I Museum and Memorial; and (B) any other location determined appropriate by the Smithsonian Institution. 4. Duplicate medals Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3 at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. 5. National medals (a) National medals Medals struck under this Act are national medals for purposes of chapter 51 (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.
Hello Girls Congressional Gold Medal Act of 2021
Renew America’s Schools Act of 2021 This bill establishes a program under which the Department of Energy must award grants for energy improvements (e.g., renovations to install energy efficiency or renewable energy technologies, repairs to improve indoor air quality, or purchases of zero-emission vehicles) at public school facilities.
117 S694 IS: Renew America’s Schools Act of 2021 U.S. Senate 2021-03-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 694 IN THE SENATE OF THE UNITED STATES March 10, 2021 Ms. Cortez Masto Ms. Collins Mr. Heinrich Ms. Murkowski Mr. Merkley Ms. Hirono Ms. Stabenow Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to provide grants for energy efficiency improvements and renewable energy improvements at public school facilities, and for other purposes. 1. Short title This Act may be cited as the Renew America’s Schools Act of 2021 2. Grants for energy efficiency improvements and renewable energy improvements at public school facilities (a) Definitions In this section: (1) Eligible entity The term eligible entity (A) 1 local educational agency; and (B) 1 or more— (i) schools; (ii) nonprofit organizations; (iii) for-profit organizations; or (iv) community partners that have the knowledge and capacity to partner and assist with energy improvements. (2) Energy improvement The term energy improvement (A) any improvement, repair, or renovation to a school that results in a direct reduction in school energy costs, including improvements to the envelope, air conditioning system, ventilation system, heating system, domestic hot water heating system, compressed air system, distribution system, lighting system, power system, and controls of a building; (B) any improvement, repair, or renovation to, or installation in, a school that leads to an improvement in teacher and student health, including indoor air quality, daylighting, ventilation, electrical lighting, windows, roofing (including green roofs), outdoor gardens, and acoustics; (C) any improvement, repair, or renovation to a school involving the installation of renewable energy technologies (such as wind power, photovoltaics, solar thermal systems, geothermal energy, hydrogen-fueled systems, biomass-based systems, biofuels, anaerobic digesters, and hydropower); (D) the installation of zero-emissions vehicle infrastructure on school grounds for— (i) exclusive use of school buses, school fleets, or students; or (ii) the general public; and (E) the purchase or lease of zero-emissions vehicles to be used by a school, including school buses, fleet vehicles, and other operational vehicles. (3) High school The term high school 20 U.S.C. 7801 (4) Local educational agency The term local educational agency 20 U.S.C. 7801 (5) Partnering local educational agency The term partnering local educational agency (6) Secretary The term Secretary (7) Zero-emissions vehicle infrastructure The term zero-emissions vehicle infrastructure (A) a zero-emission vehicle (as defined in section 88.102–94 of title 40, Code of Federal Regulations (or successor regulation)); or (B) a vehicle that produces zero exhaust emissions of any criteria pollutant (or precursor pollutant) or greenhouse gas under any possible operational mode or condition. (b) Grants The Secretary shall award competitive grants to eligible entities to make energy improvements in accordance with this section. (c) Applications (1) In general An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents The application submitted under paragraph (1) shall include each of the following: (A) A needs assessment of the current condition of the school and school facilities that will receive the energy improvements. (B) A draft work plan of the intended achievements of the eligible entity at the school. (C) A description of the energy improvements that the eligible entity will carry out at the school. (D) A description of the capacity of the eligible entity to provide services and comprehensive support to make the energy improvements referred to in subparagraph (C). (E) An assessment of the expected needs of the eligible entity for operation and maintenance training funds, and a plan for use of those funds, if applicable. (F) An assessment of the expected energy efficiency and safety benefits of the energy improvements. (G) A cost estimate of the proposed energy improvements. (H) An identification of other resources that are available to carry out the activities for which grant funds are requested under this section, including the availability of utility programs and public benefit funds. (d) Priority (1) In general In awarding grants under this section, the Secretary shall give priority to an eligible entity— (A) that has renovation, repair, and improvement funding needs; and (B) (i) that, as determined by the Secretary, serves a high percentage of students, including students in a high school in accordance with paragraph (2), who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 (ii) the partnering local educational agency of which is designated with a school district locale code of 41, 42, or 43, as determined by the National Center for Education Statistics in consultation with the Bureau of the Census. (2) High school students In the case of students in a high school, the percentage of students eligible for a free or reduced price lunch described in paragraph (1)(B)(i) shall be calculated using data from the schools that feed into the high school. (e) Competitive criteria The competitive criteria used by the Secretary to award grants under this section shall include the following: (1) The extent of the disparity between the fiscal capacity of the eligible entity to carry out energy improvements at school facilities and the needs of the partnering local educational agency for those energy improvements, including consideration of— (A) the current and historic ability of the partnering local educational agency to raise funds for construction, renovation, modernization, and major repair projects for schools; (B) the ability of the partnering local educational agency to issue bonds or receive other funds to support the current infrastructure needs of the partnering local educational agency for schools; and (C) the bond rating of the partnering local educational agency. (2) The likelihood that the partnering local educational agency or eligible entity will maintain, in good condition, any school and school facility that is the subject of improvements. (3) The potential energy efficiency and safety benefits from the proposed energy improvements. (f) Use of grant amounts (1) In general Except as provided in this subsection, an eligible entity receiving a grant under this section shall use the grant amounts only to make the energy improvements described in the application submitted by the eligible entity under subsection (c). (2) Operation and maintenance training An eligible entity receiving a grant under this section may use not more than 5 percent of the grant amounts for operation and maintenance training for energy efficiency and renewable energy improvements, such as maintenance staff and teacher training, education, and preventative maintenance training. (3) Third-party investigation and analysis An eligible entity receiving a grant under this section may use a portion of the grant amounts for a third-party investigation and analysis of the energy improvements carried out by the eligible entity, such as energy audits and existing building commissioning. (4) Continuing education An eligible entity receiving a grant under this section may use not more than 3 percent of the grant amounts to develop a continuing education curriculum relating to energy improvements. (g) Competition in contracting If an eligible entity receiving a grant under this section uses grant funds to carry out repair or renovation through a contract, the eligible entity shall be required to ensure that the contract process— (1) through full and open competition, ensures the maximum practicable number of qualified bidders, including small, minority, and women-owned businesses; and (2) gives priority to businesses located in, or resources common to, the State or geographical area in which the repair or renovation under the contract will be carried out. (h) Best practices The Secretary shall develop and publish guidelines and best practices for activities carried out under this section. (i) Report by eligible entity An eligible entity receiving a grant under this section shall submit to the Secretary, at such time as the Secretary may require, a report describing— (1) the use of the grant funds for energy improvements; (2) the estimated cost savings realized by those energy improvements; (3) the results of any third-party investigation and analysis conducted relating to those energy improvements; (4) the use of any utility programs and public benefit funds; and (5) the use of performance tracking for energy improvements, such as the Energy Star program established under section 324A or the United States Green Building Council Leadership in Energy and Environmental Design (LEED) green building rating system for existing buildings. (j) Wage rate requirements (1) Davis-Bacon Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any energy improvements funded by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 Davis-Bacon Act (2) Authority With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (k) Authorization of appropriations There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2021 through 2025.
Renew America’s Schools Act of 2021
Harriet Tubman Bicentennial Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue 50,000 $5 gold coins, 400,000 $1 silver coins, and 750,000 half-dollar clad coins emblematic of the legacy of Harriet Tubman as an abolitionist. The Secretary may issue coins under this bill only during the period of January 1, 2024, through December 31, 2024. All surcharges received by Treasury from the sale of such coins must be paid equally to the National Underground Railroad Freedom Center in Cincinnati, Ohio, and The Harriet Tubman Home, Inc. in Auburn, New York, for the purpose of accomplishing and advancing their missions.
117 S697 IS: Harriet Tubman Bicentennial Commemorative Coin Act U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 697 IN THE SENATE OF THE UNITED STATES March 11, 2021 Ms. Rosen Mr. Portman Mr. Carper Ms. Murkowski Mr. Coons Mr. Rubio Mr. Menendez Mr. Moran Mrs. Feinstein Ms. Klobuchar Ms. Duckworth Mr. Merkley Mr. Van Hollen Mr. Warnock Ms. Smith Mr. Wyden Mr. Cardin Mr. Padilla Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of the Treasury to mint commemorative coins in recognition of the Bicentennial of Harriet Tubman’s birth. 1. Short title This Act may be cited as the Harriet Tubman Bicentennial Commemorative Coin Act 2. Findings Congress finds the following: (1) Harriet Tubman was a formerly enslaved abolitionist who guided about 70 people from slavery to freedom in 10 years. (2) Born in March 1822, Tubman was a notable abolitionist who not only freed herself, but also freed others from slavery. (3) Harriet Ross Tubman, born Araminta Minty (4) With the help of the Underground Railroad network, in the fall of 1849, Tubman escaped from Poplar Neck in Caroline County, Maryland, heading north to freedom in Pennsylvania. (5) With the passing of the Fugitive Slave Act as part of the Compromise of 1850, the operations to help enslaved persons escape became dangerous and she risked her life to rescue them from slavery. (6) Despite passage of the Compromise of 1850 and the Fugitive Slave Act, Tubman continued her work, escorting her refugees to Canada instead. (7) It was during the 1850s that Tubman made 13 trips back to Maryland, guiding approximately 70 enslaved persons to the North, including family members, and providing instruction to about 70 more who found their way to freedom on their own. (8) Regardless of the arduous process of helping fugitive enslaved persons escape through the Underground Railroad, not a single person was recaptured under Tubman’s supervision. (9) During 1859, Tubman aided abolitionist John Brown by recruiting supporters for his raid on Harper’s Ferry, a planned insurrection against slaveholders in Virginia and Maryland. (10) In the beginning of the Civil War, Tubman served as a spy, cook, and nurse in South Carolina and Florida. (11) Tubman also recruited newly freed African-American men to join regiments of African-American soldiers called United States Colored Troops. (12) In recognition of her abilities, Tubman served as an army scout and spy for Major General David Hunter and Colonel James Montgomery. Harriet Tubman was inducted into the Military Intelligence Corps Hall of Fame. (13) Tubman distinguished herself as the first woman to lead an armed expedition in the Civil War, the Combahee River Raid, resulting in more than 700 enslaved persons in South Carolina being freed. (14) After the Civil War, Tubman frequently sheltered and fed newly freed enslaved persons at her home on South Street in Auburn, New York, which she purchased from Secretary of State William Henry Seward, even though she had little money herself. She found a means to an end by working as a domestic, selling produce from her garden, taking in donations of food, loans from friends, and raising pigs on her farm. (15) Tubman became active in the women’s movement as early as 1860. She attended meetings and gave speeches in her home State of New York, as well as in Boston and Washington, DC. (16) Tubman was an avid advocate for African-American women and their civil rights. In 1896, she was invited as a speaker at the first meeting of the National Association of Colored Women in Washington, DC. (17) Although living in financial insecurity, Tubman transferred a 25-acre parcel of land to the African Methodist Episcopal Zion Church in 1903, which eventually became The Harriet Tubman Home for the Aged and Indigent Negroes. At the time, few social services existed for elderly and ill people of color. (18) Escaping slavery, risking everything to save her family and friends, aiding enslaved persons in escape from slavery, leading a military raid, championing the cause of women’s suffrage, advocating for civil rights and access to health care, Harriet Tubman is an individual that has performed achievements that have had profound impacts on history and culture in the United States. 3. Coin specifications (a) Denominations In commemoration of Harriet Tubman, the Secretary of the Treasury (hereafter referred to in this Act as the Secretary (1) $5 gold coins Not more than 50,000 $5 coins, which shall— (A) weigh 8.359 grams; (B) be struck on a planchet having a diameter of 0.850 inches; and (C) contain at least 90 percent gold. (2) $1 silver coins Not more than 400,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) be struck on a planchet having a diameter of 1.500 inches; and (C) contain at least 90 percent silver. (3) Half-dollar clad coins Not more than 750,000 half-dollar coins which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. Designs of coins (a) Design requirements (1) In general The designs of the coins minted under this Act shall be emblematic of the legacy of Harriet Tubman as an abolitionist. At least one obverse design shall bear the image of Harriet Tubman. (2) Designation and inscriptions On each coin minted under this Act, there shall be— (A) an inscription of Harriet Tubman; (B) a designation of the value of the coin; (C) an inscription of the year 2024 (D) inscriptions of the words Liberty In God We Trust United States of America E Pluribus Unum (b) Selection The designs for the coins minted under this Act shall be— (1) selected by the Secretary, after consultation with the National Underground Railroad Freedom Center in Cincinnati, Ohio, The Harriet Tubman Home, Inc. in Auburn, New York, and the Commission of the Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint facility Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for issuance The Secretary may issue coins under this Act only during the period beginning on January 1, 2024, and ending on December 31, 2024. 6. Sale of coins (a) Sale price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided under section 7(a) with respect to the coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of the coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges (a) In general All sales of coins issued under this Act shall include— (1) a surcharge of $35 per coin for the $5 coins; (2) a surcharge of $10 per coin for the $1 coins; and (3) a surcharge of $5 per coin for the half-dollar coin. (b) Distribution (1) In general Except as provided in paragraph (2), subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary equally to the National Underground Railroad Freedom Center in Cincinnati, Ohio, and The Harriet Tubman Home, Inc. in Auburn, New York, for the purpose of accomplishing and advancing their missions. (2) Exception Notwithstanding section 5134(f)(1) of title 31, United States Code, if an entity described in paragraph (1) of this subsection raises funds from private sources in an amount that is less than the total amount of the proceeds of the surcharge derived from the sale of the coins issued under this Act, the Secretary shall promptly pay to the other entity the proceeds of such surcharge. (c) Audits The National Underground Railroad Freedom Center in Cincinnati, Ohio, and The Harriet Tubman Home, Inc. in Auburn, New York, shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code. The Secretary of the Treasury may issue guidance to carry out this subsection. 8. Financial assurances The Secretary shall take such actions as may be necessary to ensure that— (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.
Harriet Tubman Bicentennial Commemorative Coin Act
Women and Lung Cancer Research and Preventive Services Act of 2021 This bill requires the Department of Health and Human Services to conduct an interagency review of the status of women and lung cancer. The review must report on the status of existing research and current knowledge gaps; identify new opportunities for collaborative research to determine the causes of lung cancer and advance prevention, screening, diagnosis, and treatment; and provide recommendations for a national cancer screening strategy and public education campaign.
117 S699 IS: Women and Lung Cancer Research and Preventive Services Act of 2021 U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 699 IN THE SENATE OF THE UNITED STATES March 11, 2021 Mr. Rubio Mrs. Feinstein Mrs. Capito Mr. Manchin Committee on Health, Education, Labor, and Pensions A BILL To require a review of women and lung cancer, and for other purposes. 1. Short title This Act may be cited as the Women and Lung Cancer Research and Preventive Services Act of 2021 2. Findings Congress finds as follows: (1) According to the American Cancer Society, in the United States, approximately 171 women die each day of lung cancer, or about one woman every 8.4 minutes. (2) Lung cancer is the leading cause of cancer death among women. (3) The American Cancer Society estimates that 62,470 women will die of lung cancer in 2021. (4) Studies have shown a higher incidence rate of lung cancer for women who were never smokers compared to men who were never smokers. (5) According to the American Cancer Society, new cases of lung cancer dropped by 3 percent per year in men from 2011 to 2015, while new cases in women only dropped 1.5 percent per year in the same time period. (6) According to the 2014 report, The Health Consequences of Smoking—50 Years of Progress: A Report of the Surgeon General, 2014 (7) According to the American Cancer Society, approximately 40 percent of lung cancers are adenocarcinoma, a subtype of non-small cell lung cancer, which is the most common type of cancer seen in non-smokers and is more common in women than in men. (8) According to the Environmental Protection Agency, exposure to radon accounts for approximately 21,000 deaths from lung cancer each year and is the leading cause of lung cancer in non-smokers. (9) A Government Accountability Office report published on October 22, 2015, called for the National Institutes of Health to do more in evaluating gender differences in research. (10) Additional research strategies, including clinical trials, are necessary to explore the differences in lung cancer risk factors, incidence, and treatment response in women, and to address the disparate impact of lung cancer on women who have never smoked. (11) Lung cancer screening, which can detect lung cancer at its earliest, most curable stage, is a covered service available without cost-sharing for those at high risk. (12) Published peer-reviewed actuarial studies indicate that lung cancer screening individuals at high risk may be cost-effective. (13) The National Framework of Excellence in Lung Cancer Screening and Continuum of Care, launched in 2012, demonstrated that lung cancer screening can be safely and effectively carried out in community hospital settings around the Nation. (14) Information on the impact of lung cancer on women and the importance of early detection should be incorporated into all relevant public health awareness campaigns. 3. Sense of Congress concerning women and lung cancer It is the sense of Congress that— (1) there is a disparate impact of lung cancer on women and, in particular, on women who have never smoked; (2) additional research strategies to explore the differences in women with respect to lung cancer risk factors, incidence, histology, and response to treatment are justified and necessary; (3) the implementation of lung cancer preventive services for women should be accelerated; and (4) the public health agencies of the Federal Government should coordinate public education and awareness programs on the impact of lung cancer on women and the importance of early detection. 4. Interagency review to evaluate and identify opportunities for the acceleration of research on women and lung cancer, greater access to preventive services, and strategic public awareness and education campaigns (a) In general The Secretary of Health and Human Services, in consultation with the Secretary of Defense and Secretary of Veterans Affairs, shall conduct an interagency review to evaluate the status of, and identify opportunities related to— (1) research on women and lung cancer; (2) access to lung cancer preventive services; and (3) strategic public awareness and education campaigns on lung cancer. (b) Content The review and recommendations under subsection (a) shall include— (1) a review and comprehensive report on the outcomes of previous research, the status of existing research activities, and knowledge gaps related to women and lung cancer in all agencies of the Federal Government; (2) specific opportunities for collaborative, interagency, multidisciplinary, and innovative research, that would— (A) encourage innovative approaches to eliminate knowledge gaps in research; (B) evaluate environmental and genomic factors that may be related to the etiology of lung cancer in women; and (C) foster advances in imaging technology to improve risk assessment, diagnosis, treatment, and the simultaneous application of other preventive services; (3) opportunities regarding the development of a national lung cancer screening strategy with sufficient infrastructure and personnel resources to expand access to such screening, particularly among underserved populations; and (4) opportunities regarding the development of a national public education and awareness campaign on women and lung cancer and the importance of early detection of lung cancer. (c) Report Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the review conducted under subsection (a).
Women and Lung Cancer Research and Preventive Services Act of 2021
National Guard Cybersecurity Support Act This bill authorizes members of the National Guard to perform, at the request of a state and in connection with training or other duty, cybersecurity operations or missions to protect critical infrastructure.
117 S70 IS: National Guard Cybersecurity Support Act U.S. Senate 2021-01-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 70 IN THE SENATE OF THE UNITED STATES January 27, 2021 Ms. Hassan Mr. Cornyn Committee on Armed Services A BILL To amend title 32, United States Code, to authorize cybersecurity operations and missions to protect critical infrastructure by members of the National Guard in connection with training or other duty. 1. Short title This Act may be cited as the National Guard Cybersecurity Support Act 2. Cybersecurity operations and missions to protect critical infrastructure by members of the National Guard in connection with training or other duty Section 502(f)(1) of title 32, United States Code, is amended by adding after the flush matter at the end the following new sentence: Such training or other duty may include cybersecurity operations or missions undertaken by the member's unit at the request of the Governor of the State concerned to protect critical infrastructure (as that term is defined in the Critical Infrastructures Protection Act of 2001 ( 42 U.S.C. 5195c
National Guard Cybersecurity Support Act
Allergy Testing Access Act of 2021 This bill requires equal coverage of two types of allergy tests under Medicaid and Medicare. Specifically, in vitro specific IgE tests (blood tests) and percutaneous tests (skin tests) must be treated equally with respect to (1) medical necessity or other coverage requirements, (2) frequency limits, and (3) allergen unit limits.
117 S701 IS: Allergy Testing Access Act of 2021 U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 701 IN THE SENATE OF THE UNITED STATES March 11, 2021 Mr. Moran Mr. Murphy Mr. Scott of South Carolina Mr. Brown Committee on Finance A BILL To amend titles XVIII and XIX of the Social Security Act to provide equal coverage of in vitro specific IgE tests and percutaneous tests for allergies under the Medicare and Medicaid programs, and for other purposes. 1. Short title This Act may be cited as the Allergy Testing Access Act of 2021 2. Findings Congress finds the following: (1) Allergies, when not properly diagnosed, cannot be effectively treated. (2) Allergies to food, inhaled particles, or other sources can cause debilitating and, in some cases, fatal reactions. (3) Allergies can substantially compound other illnesses, including asthma, emphysema, and adult obstructive pulmonary diseases, leading to social and economic costs for families and our Nation’s health care system. (4) According to clinical guidelines from the National Institutes of Health and recommendations from peer-reviewed literature, in vitro specific IgE tests and percutaneous tests are considered equivalent as confirmatory tests in terms of their sensitivity and accuracy. (5) Despite these recommendations, some current Medicare local coverage determinations and Medicaid coverage policies deny equal access to in vitro specific IgE tests and percutaneous tests. (6) In vitro specific IgE tests and percutaneous tests must be equally accessible for clinicians and patients to improve health outcomes, reduce system costs, and reduce current health care disparities caused by the lack of equal coverage. 3. Medicare coverage for allergy diagnostic testing services (a) Coverage Section 1861 of the Social Security Act ( 42 U.S.C. 1395x (1) in subsection (s)(2)— (A) in subparagraph (GG), by striking and (B) in subparagraph (HH), by striking the period at the end and inserting ; and (C) by adding at the end the following new subparagraph: (B) allergy diagnostic testing services (as defined in subsection (lll)); ; and (2) by adding at the end the following new subsection: (lll) Allergy diagnostic testing services (1) In general The term allergy diagnostic testing services (A) that have been cleared under section 501(k), classified under section 513(f)(2), or approved under section 515 of the Federal Food, Drug, and Cosmetic Act; and (B) which are furnished to individuals for the purpose of evaluating immunologic response to certain antigens, as determined appropriate by the practitioner ordering such test. (2) Equal access to testing methods The Secretary shall ensure equality in the treatment of in vitro specific IgE tests and percutaneous tests described in paragraph (1) with respect to— (A) any medical necessity or other coverage requirements established for such in vitro specific IgE and percutaneous tests; (B) any frequency limits established for such tests; and (C) any allergen unit limits established for a year for such tests. . (b) Payment Section 1834 of the Social Security Act ( 42 U.S.C. 1395m (z) Allergy diagnostic testing services For purposes of payment only, in the case of allergy diagnostic testing services (as defined in section 1861(lll))— (1) in vitro specific IgE tests shall be treated as clinical diagnostic laboratory tests; and (2) percutaneous tests shall be treated as physicians’ services. . (c) Effective date The amendments made by this section shall apply with respect to items and services furnished on or after January 1, 2022. 4. Medicaid coverage for allergy diagnostic testing services (a) In general Title XIX of the Social Security Act ( 42 U.S.C. 1396 (1) in section 1902(a)— (A) in paragraph (86), by striking and (B) in paragraph (87), by striking the period at the end and inserting ; and (C) by inserting after paragraph (87) the following new paragraph: (88) provide, with respect to the provision of allergy diagnostic testing services (as defined in section 1905(hh)) under the State plan, for equality in the treatment of in vitro specific IgE tests and percutaneous tests with respect to— (A) any medical necessity or other coverage requirements established for such in vitro specific IgE and percutaneous tests; (B) any frequency limits established for such tests; and (C) any allergen unit limits established for such tests. ; and (2) in section 1905— (A) in subsection (r)— (i) by redesignating paragraph (5) as paragraph (6); and (ii) by inserting after paragraph (4) the following new paragraph: (5) Allergy diagnostic testing services (as defined in subsection (hh)). ; and (B) by adding at the end the following new subsection: (hh) Allergy diagnostic testing services defined The term allergy diagnostic testing services (1) have been cleared under section 501(k), classified under section 513(f)(2), or approved under section 515 of the Federal Food, Drug, and Cosmetic Act; and (2) are provided to individuals for the purpose of evaluating immunologic response to certain antigens. . (b) Effective date (1) In general Subject to paragraph (2), the amendments made by this section shall apply with respect to items and services provided on or after January 1, 2022. (2) Exception for State legislation In the case of a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396
Allergy Testing Access Act of 2021
Disaster Safe Power Grid Act of 2021 This bill requires the Department of Energy to establish within its Office of Electricity Delivery and Energy Reliability a grant program that provides incentives for electric utilities to increase the resiliency of the power grid to withstand natural disasters and reduce the risk of wildfires.
117 S704 IS: Disaster Safe Power Grid Act of 2021 U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 704 IN THE SENATE OF THE UNITED STATES March 11, 2021 Mr. Wyden Mr. Merkley Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to establish a grant program to improve the resiliency of the power grid to natural disasters and reduce the risk of wildfires caused by power lines, and for other purposes. 1. Short title This Act may be cited as the Disaster Safe Power Grid Act of 2021 2. Matching grant program (a) Definitions In this section: (1) Eligible entity The term eligible entity (A) a publicly owned electric utility; (B) a municipal electric utility; (C) a cooperatively owned electric utility; (D) an investor-owned electric utility; and (E) a Federal agency or federally owned corporation that is an electric utility (as defined in section 3 of the Federal Power Act ( 16 U.S.C. 796 (2) Power line The term power line (3) Program The term program (4) Secretary The term Secretary (b) Establishment Not later than 90 days after the date of enactment of this Act, the Secretary shall establish within the Office of Electricity Delivery and Energy Reliability a program under which the Secretary shall make grants to eligible entities to carry out activities that— (1) are supplemental to existing power grid-hardening efforts of the eligible entity planned for any given year; (2) are designed to enhance public safety; and (3) (A) reduce the risk of any power lines owned or operated by the eligible entity causing a wildfire; or (B) increase the resiliency of the power grid to withstand natural disasters, such as earthquakes, ice storms, wind storms, snow storms, heat storms, and other natural disasters. (c) Application (1) In general An eligible entity desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Requirement As a condition of receiving a grant under the program, an eligible entity shall submit to the Secretary as part of the application of the eligible entity under paragraph (1)— (A) a wildfire mitigation plan, if the eligible entity seeks a grant for purposes of implementing a project or otherwise carrying out activities to reduce wildfire risk, as described in subsection (b)(3)(A); or (B) a report detailing past, current, and future efforts by the eligible entity to improve the resiliency of the power grid with respect to natural disasters, if the eligible entity seeks a grant for purposes of increasing the resiliency of the power grid, as described in subsection (b)(3)(B). (d) Use of grant funds An eligible entity may use a grant provided under the program— (1) for the undergrounding of new and existing power lines and circuits; (2) to harden overhead power lines with fire resistant or more resilient equipment, such as steel poles and covered wires; (3) to replace obsolete overhead conductors and underground cables; (4) to install fast-tripping protection systems; (5) to construct and operate 1 or more weather monitoring stations; (6) to install fault location equipment or early fault detection equipment; (7) for the relocation of power lines to roadways; (8) to carry out vegetation or fuels management activities in accordance with Federal, State, and local laws (including regulations); (9) to install technology or equipment to mitigate hazards from or to animals and related damage to the power grid; (10) to install cameras, sensors, or other technology that provides real-time information about conditions; (11) to install technology to detect downed conductors; (12) for the installation of electrical facilities necessary to sustain targeted microgrid operations, including storage for the integration of distributed energy resources into power grid operations, for the benefit of community resiliency following a main power grid outage; (13) to harden facilities, substations, and other systems for seismic events; and (14) for other, related power grid upgrades to reduce the risk of wildfire ignition or damage from natural disasters. (e) Priority In making grants under the program, the Secretary shall give priority to projects that, in the determination of the Secretary, will generate the greatest community benefit in improving power grid resiliency to natural disasters or reducing the risk of wildfire ignition from power lines or equipment relative to the cost of the project. (f) Set asides (1) Wildfire set aside In making grants under the program, the Secretary shall ensure that not less than 40 percent of the total amounts made available to eligible entities under the program are made available to eligible entities that seek a grant for purposes of implementing a project or otherwise carrying out activities to reduce wildfire risk, as described in subsection (b)(3)(A). (2) Small utilities set aside In making grants under the program, the Secretary shall ensure that not less than 20 percent of the amounts made available to eligible entities under the program are made available to eligible entities that sell not more than 4,000,000 megawatt hours of electricity per year. (g) Matching requirement (1) In general Except as provided in paragraph (2), as a condition of receiving a grant under the program, an eligible entity shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to not less than 100 percent of the amounts made available under the grant. (2) Exception for small utilities With respect to an eligible entity that sells not more than 4,000,000 megawatt hours of electricity per year, as a condition of receiving a grant under the program, the eligible entity shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to not less than 1/3 (3) Existing efforts On approval by the Secretary, amounts expended by an eligible entity on power grid resiliency or wildfire risk mitigation efforts during the 1-year period ending on the date on which a grant is received under the program shall count toward the matching requirement described in paragraph (1) or (2), as applicable. (h) Federal power marketing administrations Any amounts made available to a Federal power marketing administration pursuant to a grant under the program shall be nonreimbursable. (i) Biennial report Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the manner in which, and the extent to which— (1) the resiliency of the power grid has increased under the program during the period covered by the report; and (2) the risk of wildfires caused by power lines has been reduced under the program during the period covered by the report. (j) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the program $10,000,000,000 for each of fiscal years 2022 through 2031.
Disaster Safe Power Grid Act of 2021
Ports-to-Plains Highway Act of 2021 This bill expands and designates certain route segments on the National Highway System. Specifically, the bill (1) designates the portion of the Heartland Expressway (relating solely to the portion from Limon, Colorado to Interstate Route I-76 in the vicinity of Brush, Colorado) and the Ports-to-Plains Corridor as future parts of the Interstate System; and (2) permits the continued operation of vehicles on any segment of the Heartland Expressway (relating solely to the portion from Limon, Colorado to I-76 in the vicinity of Brush, Colorado) and the Ports-to-Plains Corridor that is designated as a route on the Interstate System in Texas, Oklahoma, Colorado, and New Mexico, without regard to vehicle weight limitation requirements.
102 S705 IS: Ports-to-Plains Highway Act of 2021 U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 705 IN THE SENATE OF THE UNITED STATES March 11, 2021 Mr. Cruz Mr. Cornyn Mr. Cramer Committee on Environment and Public Works A BILL To amend the Intermodal Surface Transportation Efficiency Act of 1991 with respect to future interstate designations, and for other purposes. 1. Short title This Act may be cited as the Ports-to-Plains Highway Act of 2021 2. Future interstate designation and operation (a) Inclusion of certain route segments on interstate system Section 1105(e)(5) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 (1) in subparagraph (A), in the first sentence— (A) by inserting subsection (c)(14)(A)(ii) (relating solely to the portion from Limon to I–76 in the vicinity of Brush), subsection (c)(13), (B) by inserting subsection (c)(38), subsection (c)(37), (2) in subparagraph (C)(i), by adding at the end the following: A State having jurisdiction over any segment of the routes referred to in subsection (c)(14)(A)(ii) (relating solely to the portion from Limon to I–76 in the vicinity of Brush) or (c)(38) shall erect signs, as appropriate and approved by the Secretary, identifying such segment as a future addition to the Interstate System. (b) Vehicle weight limitations Section 127 of title 23, United States Code, is amended by adding at the end the following: (v) Operation of vehicles on certain Texas, Oklahoma, Colorado, and New Mexico highways If any segment of the routes referred to in paragraph (14)(A)(ii) (relating solely to the portion from Limon to I–76 in the vicinity of Brush) or paragraph (38) of section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 .
Ports-to-Plains Highway Act of 2021
Highway Formula Fairness Act This bill modifies the formula that the Department of Transportation uses to apportion federal highway funds among the states for the national highway performance program, the surface transportation block grant program, the highway safety improvement program, the congestion mitigation and air quality improvement program, the national highway freight program, and metropolitan transportation planning.
117 S706 IS: Highway Formula Fairness Act U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 706 IN THE SENATE OF THE UNITED STATES March 11, 2021 Mr. Cruz Mr. Cornyn Mr. Burr Committee on Environment and Public Works A BILL To modify a provision relating to adjustments of certain State apportionments for Federal highway programs, and for other purposes. 1. Short title This Act may be cited as the Highway Formula Fairness Act 2. Adjustments to certain State apportionment amounts Section 104 of title 23, United States Code, is amended by striking subsection (c) and inserting the following: (c) Calculation of amounts (1) State share For fiscal year 2022 and each fiscal year thereafter, the amount for each State of combined apportionments for the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, and to carry out section 134 shall be determined as follows: (A) Initial amount The initial amount for each State shall be determined by multiplying the total amount available for apportionment by the share for each State, which shall be equal to the proportion that— (i) the amount of apportionments that the State received for fiscal year 2012; bears to (ii) the amount of those apportionments received by all States for that fiscal year. (B) Adjustments to amounts (i) In general The initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that, for each State, the amount of combined apportionments for the programs shall not be less than an amount equal to— (I) 95 percent of the applicable percentage; multiplied by (II) the total amount of funds available for apportionment. (ii) Applicable percentage For purposes of this subparagraph, the applicable percentage shall be an amount, expressed as a percentage, equal to the quotient of— (I) the estimated tax payments attributable to highway users in the State that were paid into the Highway Trust Fund (other than the Mass Transit Account) for the most recent fiscal year for which data are available; divided by (II) the estimated total tax payments attributable to users in all States that were paid into the Highway Trust Fund (other than the Mass Transit Account) for that fiscal year. (2) State apportionment On October 1 of each fiscal year described in paragraph (1), the Secretary shall apportion the sum authorized to be appropriated for expenditure on the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, and to carry out section 134 in accordance with paragraph (1). .
Highway Formula Fairness Act
Energizing American Shipbuilding Act of 2021 This bill directs (1) the Federal Energy Regulatory Commission (FERC) to require specified percentages of liquefied natural gas exports to be transported on vessels built or retrofitted in the United States and documented under its laws, and (2) the President to require specified percentages of crude oil exports to be transported on vessels built or retrofitted in the United States and documented under its laws. FERC and the President may waive these requirements under specified circumstances. The Energy Information Administration must collect and publish information on exports of natural gas and crude oil by vessels, including forecasts and data on those exports.
117 S707 IS: Energizing American Shipbuilding Act of 2021 U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 707 IN THE SENATE OF THE UNITED STATES March 11, 2021 Mr. Wicker Mr. Casey Committee on Banking, Housing, and Urban Affairs A BILL To require a certain percentage of natural gas and crude oil exports be transported on United States-built and United States-flag vessels, and for other purposes. 1. Short title This Act may be cited as the Energizing American Shipbuilding Act of 2021 2. National policy on strategic energy asset export transportation (a) LNG exports (1) Findings Congress finds that— (A) liquefied natural gas (referred to in this paragraph as LNG (B) LNG is a strategic national asset, the export of which should be used to preserve the tanker fleet and skilled mariner workforce of the United States, which are essential to national security; and (C) for the safety and security of the United States, LNG should be exported on vessels documented under the laws of the United States. (2) Requirement for transportation of exports of natural gas on vessels documented under laws of the United States Section 3 of the Natural Gas Act ( 15 U.S.C. 717b (g) Transportation of exports of natural gas on vessels documented under laws of the United States (1) Condition for approval Except as provided in paragraph (7), with respect to an application to export natural gas under subsection (a), the Commission shall include in the order issued for that application the condition that the person transport the natural gas on a vessel that meets the requirements described in paragraph (3). (2) Purpose The purpose of the requirement under paragraph (1) is to ensure that, of all natural gas exported by vessel in a calendar year, the following percentage is exported by a vessel that meets the requirements described in paragraph (3): (A) In each of the 7 calendar years following the calendar year in which this subsection is enacted, not less than 2 percent. (B) In each of the 8th and 9th calendar years following the calendar year in which this subsection is enacted, not less than 3 percent. (C) In each of the 10th and 11th calendar years following the calendar year in which this subsection is enacted, not less than 4 percent. (D) In each of the 12th and 13th calendar years following the calendar year in which this subsection is enacted, not less than 6 percent. (E) In each of the 14th and 15th calendar years following the calendar year in which this subsection is enacted, not less than 7 percent. (F) In each of the 16th and 17th calendar years following the calendar year in which this subsection is enacted, not less than 9 percent. (G) In each of the 18th and 19th calendar years following the calendar year in which this subsection is enacted, not less than 11 percent. (H) In each of the 20th and 21st calendar years following the calendar year in which this subsection is enacted, not less than 13 percent. (I) In the 22nd calendar year after the calendar year in which this subsection is enacted and each calendar year thereafter, not less than 15 percent. (3) Requirements for vessels A vessel meets the requirements described in this paragraph— (A) with respect to each of the 5 calendar years following the calendar year in which this subsection is enacted— (i) if— (I) the vessel is documented under the laws of the United States; and (II) with respect to any retrofit work necessary for the vessel to export natural gas— (aa) such work is done in a shipyard in the United States; and (bb) any component of the vessel listed in paragraph (4) that is installed during the course of such work is manufactured in the United States; or (ii) if— (I) the vessel is built in the United States; (II) the vessel is documented under the laws of the United States; (III) all major components of the hull or superstructure of the vessel are manufactured (including all manufacturing processes from the initial melting stage through the application of coatings for iron or steel products) in the United States; and (IV) the components of the vessel listed in paragraph (4) are manufactured in the United States; and (B) with respect to the 6th calendar year following the calendar year in which this subsection is enacted, and each calendar year thereafter, if the vessel meets the requirements of subparagraph (A)(ii). (4) Components The components of a vessel listed in this paragraph are the following: (A) Air circuit breakers. (B) Welded shipboard anchor and mooring chain with a diameter of 4 inches or less. (C) Powered and non-powered valves in Federal Supply Classes 4810 and 4820 used in piping. (D) Machine tools in the Federal Supply Classes for metal-working machinery numbered 3405, 3408, 3410 through 3419, 3426, 3433, 3438, 3441 through 3443, 3445, 3446, 3448, 3449, 3460, and 3461. (E) Auxiliary equipment for shipboard services, including pumps. (F) Propulsion equipment, including engines, propulsion motors, reduction gears, and propellers. (G) Shipboard cranes. (H) Spreaders for shipboard cranes. (I) Rotating electrical equipment, including electrical alternators and motors. (J) Compressors, pumps, and heat exchangers used in managing and re-liquefying boil-off gas from liquefied natural gas. (5) Waiver authority The Commission may waive the requirement under clause (i)(II)(bb) or (ii)(IV), as applicable, of paragraph (3)(A) with respect to a component of a vessel if the Maritime Administrator determines that— (A) application of the requirement would— (i) result in an increase of 25 percent or more in the cost of the component of the vessel; or (ii) cause unreasonable delays to be incurred in building or retrofitting the vessel; or (B) such component is not manufactured in the United States in sufficient and reasonably available quantities of a satisfactory quality. (6) Opportunities for licensed and unlicensed mariners Except as provided in paragraph (7), the Commission shall include, in any order issued under subsection (a) that authorizes a person to export natural gas, a condition that the person provide opportunities for United States licensed and unlicensed mariners to receive experience and training necessary to become credentialed in working on a vessel transporting natural gas. (7) Exception The Commission may not include in any order issued under subsection (a) authorizing a person to export natural gas to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas a condition described in paragraph (1), or a condition described in paragraph (6), if the United States Trade Representative certifies to the Commission, in writing, that such condition would violate obligations of the United States under such free trade agreement. (8) Use of Federal information In carrying out paragraph (1), the Commission— (A) shall use information made available by— (i) the Energy Information Administration; or (ii) any other Federal agency or entity the Commission determines appropriate; and (B) may use information made available by a private entity only if applicable information described in subparagraph (A) is not available. . (3) Conforming amendment Section 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) or the exportation of natural gas or, subject to subsection (g), the exportation of natural gas (b) Crude oil Section 101 of title I of division O of the Consolidated Appropriations Act, 2016 ( 42 U.S.C. 6212a (1) in subsection (b), by striking subsections (c) and (d) subsections (c), (d), and (f) (2) by adding at the end the following: (f) Transportation of exports of crude oil on vessels documented under laws of the United States (1) In general Except as provided in paragraph (6), as a condition to export crude oil, the President shall require that a person exporting crude oil transport the crude oil on a vessel that meets the requirements described in paragraph (3). (2) Purpose The purpose of the requirement under paragraph (1) is to ensure that, of all crude oil exported by vessel in a calendar year, the following percentage is exported by a vessel that meets the requirements described in paragraph (3): (A) In each of the 7 calendar years following the calendar year in which this subsection is enacted, not less than 3 percent. (B) In each of the 8th, 9th, and 10th calendar years following the calendar year in which this subsection is enacted, not less than 6 percent. (C) In each of the 11th, 12th, and 13th calendar years following the calendar year in which this subsection is enacted, not less than 8 percent. (D) In the 14th calendar year following the calendar year in which this subsection is enacted and each calendar year thereafter, not less than 10 percent. (3) Requirements for vessels A vessel meets the requirements described in this paragraph— (A) with respect to each of the 4 calendar years following the calendar year in which this subsection is enacted— (i) if— (I) the vessel is documented under the laws of the United States; and (II) with respect to any retrofit work necessary for the vessel to export crude oil— (aa) such work is done in a shipyard in the United States; and (bb) any component of the vessel listed in paragraph (4) that is installed during the course of such work is manufactured in the United States; or (ii) if— (I) the vessel is built in the United States; (II) the vessel is documented under the laws of the United States; (III) all major components of the hull or superstructure of the vessel are manufactured (including all manufacturing processes from the initial melting stage through the application of coatings for iron or steel products) in the United States; and (IV) the components of the vessel listed in paragraph (4) are manufactured in the United States; and (B) with respect to the 5th calendar year following the calendar year in which this subsection is enacted and each calendar year thereafter, if the vessel meets the requirements of subparagraph (A)(ii). (4) Components The components of a vessel listed in this paragraph are the following: (A) Air circuit breakers. (B) Welded shipboard anchor and mooring chain with a diameter of four inches or less. (C) Powered and non-powered valves in Federal Supply Classes 4810 and 4820 used in piping. (D) Machine tools in the Federal Supply Classes for metal-working machinery numbered 3405, 3408, 3410 through 3419, 3426, 3433, 3438, 3441 through 3443, 3445, 3446, 3448, 3449, 3460, and 3461. (E) Auxiliary equipment for shipboard services, including pumps. (F) Propulsion equipment, including engines, propulsion motors, reduction gears, and propellers. (G) Shipboard cranes. (H) Spreaders for shipboard cranes. (I) Rotating electrical equipment, including electrical alternators and motors. (5) Waiver authority The President may waive the requirement under clause (i)(II)(bb) or clause (ii)(IV), as applicable, of paragraph (3)(A) with respect to a component of a vessel if the Maritime Administrator determines that— (A) application of the requirement would— (i) result in an increase of 25 percent or more in the cost of the component of the vessel; or (ii) cause unreasonable delays to be incurred in building or retrofitting the vessel; or (B) such component is not manufactured in the United States in sufficient and reasonably available quantities of a satisfactory quality. (6) Exception The President may not, under paragraph (1), condition the export of crude oil to a nation with which there is in effect a free trade agreement requiring national treatment for trade in crude oil if the United States Trade Representative certifies to the President, in writing, that such condition would violate obligations of the United States under such free trade agreement. (7) Opportunities for licensed and unlicensed mariners The Maritime Administrator shall ensure that each exporter of crude oil by vessel provides opportunities for United States licensed and unlicensed mariners to receive experience and training necessary to become credentialed in working on such vessels. (8) Use of Federal information In carrying out paragraph (1), the President— (A) shall use information made available by— (i) the Energy Information Administration; or (ii) any other Federal agency or entity the Commission determines appropriate; and (B) may use information made available by a private entity only if applicable information described in subparagraph (A) is not available. . 3. Energy Information Administration information The Secretary of Energy, acting through the Administrator of the Energy Information Administration (referred to in this section as the Secretary (1) forecasts for, and data on, those exports for the calendar year following the calendar year in which this Act is enacted and each calendar year thereafter; and (2) forecasts for those exports for multiyear periods after the date of enactment of this Act, as determined appropriate by the Secretary.
Energizing American Shipbuilding Act of 2021
Preventing Mental Health and Substance Use Crises During Emergencies Act This bill establishes a task force and requires a strategy to address mental health and substance use issues during public health emergencies. The Department of Health and Human Services must convene the task force to assess the federal response to such issues during and after the COVID-19 (i.e., coronavirus disease 2019) emergency. In addition, the Substance Abuse and Mental Health Services Administration must develop and annually update the strategy. The task force's work must inform the strategy.
117 S708 IS: Preventing Mental Health and Substance Use Crises During Emergencies Act U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 708 IN THE SENATE OF THE UNITED STATES March 11, 2021 Mr. Kelly Mrs. Capito Committee on Health, Education, Labor, and Pensions A BILL To direct the Secretary of Health and Human Services to convene a task force to advise the Assistant Secretary for Mental Health and Substance Use on a national strategy for preventing mental health and substance use crises during a public health emergency, and for other purposes. 1. Short title This Act may be cited as the Preventing Mental Health and Substance Use Crises During Emergencies Act 2. Findings (a) Findings Congress finds the following: (1) The United States invests annually in the public mental health of people of the United States. (2) Congress appropriated $3,600,000,000 in fiscal year 2020 to the Substance Abuse and Mental Health Services Administration. (3) Funds are also appropriated to address mental health and substance use in targeted populations through the Department of Veterans Affairs, the Department of the Interior, and the National Institute of Mental Health. (4) On January 31, 2020, the Secretary of Health and Human Services declared a public health emergency due to the spread of COVID–19, and extended such declaration, most recently, on October 2, 2020. (5) As of August 1, 2020, Congress provided an additional $725,000,000 in supplemental funding to augment mental health and substance use services during the COVID–19 pandemic. (6) Such supplemental funding included $425,000,000 to the Substance Abuse and Mental Health Services Administration, of which— (A) $110,000,000 was allocated for emergency grants for behavioral health services; (B) $250,000,000 was allocated for the Certified Community Behavioral Health Centers program; and (C) $50,000,000 was allocated for suicide prevention. (7) The COVID–19 pandemic has exacerbated concerns about the mental health and well-being of the people of the United States. (8) A third of people in the United States are feeling severe anxiety, according to Census Bureau data, and nearly a quarter show signs of depression. (9) A recent poll by the Kaiser Family Foundation found that the pandemic had negatively affected the mental health of 56 percent of adults. (10) In April, texts to a Federal emergency mental-health line were up 1,000 percent from the year before. (11) The situation is particularly dire for certain vulnerable groups that face a significant risk of post-traumatic stress disorder, including— (A) health care workers; (B) COVID–19 patients with severe cases; and (C) individuals who have lost loved ones. (12) In overburdened intensive-care units, delirious patients are seeing chilling hallucinations. (13) At least 2 overwhelmed emergency medical workers have died by suicide since the beginning of the COVID–19 pandemic. (14) The public mental health crisis will continue after the COVID–19 pandemic subsides. (b) Statement of policy It is the policy of the United States to protect the health and safety of all people of the United States during public health emergencies and to proactively lead public health efforts to advance the mental health of the Nation. 3. Task force to prevent mental health and substance use crises (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary Task Force (1) assess the response of the Federal Government with respect to mental health and substance use during and after the spread of COVID–19; and (2) advise the Assistant Secretary for Mental Health and Substance Use on a national strategy for preventing mental health and substance use crises during a public health emergency. (b) Assessment In carrying out subsection (a), the Task Force shall assess— (1) the efficacy, outcomes, and cost of each Federal initiative taken during the spread of COVID–19 to support mental health and address substance use, including an identification of— (A) any initiative that was not successful; and (B) best practices and strategies; (2) the ability of Federal agencies to coordinate mental health programs and services and allocate resources to respond to a public health emergency; (3) the ability of Federal agencies to use technology developed through the Small Business Innovation Research Program established under section 9 of the Small Business Act ( 15 U.S.C. 638 (4) the ability of Federal, State, and local agencies to coordinate with other government agencies, nonprofit organizations, and entities in the private sector during a public health emergency; (5) any needed improvements to coordination described in paragraphs (2) and (4); (6) a review of research programs of the Federal agencies listed in subsection (c)(3) with respect to mental health and substance use during a public health emergency; and (7) a review of the amount of funds used by such Federal agencies to support mental health and address substance use during a public health emergency. (c) Membership (1) Chair Not later than 60 days after the date of enactment of this section, the Secretary shall appoint an individual to serve as the Chair of the Task Force. (2) Composition The Task Force shall be composed of— (A) representatives of Federal agencies, including the agencies listed in paragraph (3); (B) representatives of nongovernmental organizations; (C) patient advocates; and (D) State and local public health experts who specialize in mental health and substance use. (3) Federal agencies The agencies represented under paragraph (2)(A) shall, at a minimum, include the following: (A) The Centers for Disease Control and Prevention. (B) The National Institute of Mental Health. (C) The National Institutes of Health. (D) The National Institute on Drug Abuse. (E) The Food and Drug Administration. (F) The Health Resources and Services Administration. (G) The Substance Abuse and Mental Health Services Administration. (H) The Agency for Healthcare Research and Quality. (I) The Administration for Children and Families. (J) The Centers for Medicare & Medicaid Services. (K) The Department of the Interior. (L) The Department of Veterans Affairs. (M) The Department of Education. (N) The Department of Defense. (O) The Department of Justice. (P) The Department of Housing and Urban Development. (Q) The Administration for Community Living. (R) The Indian Health Service. (S) The Department of Labor. (d) Meetings Not later than 180 days after the date of enactment of this section, the Secretary shall convene a meeting of the Task Force and shall convene subsequent meetings on a periodic basis. (e) Submissions to Congress (1) Progress report Not later than one year after the date of enactment of this section, the Task Force shall submit to the appropriate congressional committees a report on the progress of the Task Force in carrying out subsection (a). (2) Final report Not later than 2 years after the date of enactment of this section, and annually thereafter, the Task Force shall submit to the appropriate congressional committees a report on the activities of the Task Force in carrying out subsection (a), including— (A) the results of the assessment under subsection (b); and (B) any findings, conclusions, and recommendations. (f) Disposition of records Upon dissolution of the Task Force, the records of the Task Force shall become records of the Assistant Secretary for Mental Health and Substance Use. (g) Public health emergency defined In this section, the term public health emergency 42 U.S.C. 247d 4. National strategy on mental health and substance use during a public health emergency Section 501 of the Public Health Service Act ( 42 U.S.C. 290aa (1) by redesignating subsection (q) as subsection (r); and (2) by inserting after subsection (p) the following: (q) National strategy during public health emergencies Not later than 30 months after the date of enactment of the Preventing Mental Health and Substance Use Crises During Emergencies Act Preventing Mental Health and Substance Use Crises During Emergencies Act (1) advancements in research with respect to mental health and substance use during a public health emergency; and (2) a plan to increase the ability of Federal agencies to coordinate mental health programs and services and allocate resources to respond to a public health emergency. .
Preventing Mental Health and Substance Use Crises During Emergencies Act
Dosha Joi Immediate Coverage for Former Foster Youth Act This bill accelerates the application of certain changes that are scheduled to take effect under the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment (SUPPORT) for Patients and Communities Act relating to the coverage of former foster youth under Medicaid. Under current law, a state Medicaid program must cover former foster youth until the age of 26 if the youth were in the state's foster care system at the age of 18 and were enrolled in the state's Medicaid program while in foster care; a state may choose to also cover former foster youth from other states. The SUPPORT for Patients and Communities Act altered these provisions to require a state Medicaid program to cover former foster youth from other states until the age of 26; such changes apply to former foster youth who reach the age of 18 on or after January 1, 2023. The bill instead applies these changes to former foster youth who reach the age of 18 on or after the date of enactment of this bill. States must also establish Medicaid outreach and enrollment programs for former foster youth.
117 S712 IS: Dosha Joi Immediate Coverage for Former Foster Youth Act U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 712 IN THE SENATE OF THE UNITED STATES March 11, 2021 Mr. Casey Committee on Finance A BILL To amend the SUPPORT for Patients and Communities Act to provide for immediate eligibility for former foster youth under Medicaid. 1. Short title This Act may be cited as the Dosha Joi Immediate Coverage for Former Foster Youth Act 2. Providing for immediate Medicaid eligibility for former foster youth Section 1002(a)(2) of the SUPPORT for Patients and Communities Act ( Public Law 115–271 January 1, 2023 the date of enactment of the Dosha Joi Immediate Coverage for Former Foster Youth Act 3. Outreach efforts for enrollment of former foster children Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) (1) in paragraph (85), by striking ; and (2) in paragraph (86), by striking the period at the end and inserting ; and (3) by inserting after paragraph (86) the following new paragraph: (87) not later than January 1, 2022, establish an outreach and enrollment program, in coordination with the State agency responsible for administering the State plan under part E of title IV and any other appropriate or interested agencies, designed to increase the enrollment of individuals who are eligible for medical assistance under the State plan under paragraph (10)(A)(i)(IX) in accordance with best practices established by the Secretary. .
Dosha Joi Immediate Coverage for Former Foster Youth Act
Safe Line Speeds During COVID-19 Act of 2021 This bill directs the Food Safety and Inspection Service of the Department of Agriculture (USDA) to temporarily suspend any waivers and not issue new waivers related to line speeds in meat and poultry establishments and inspection staffing requirements for such establishments through 90 days after the date on which the COVID-19 (i.e., coronavirus disease 2019) emergency period is lifted. Additionally, the implementation of, and conversion to, the New Swine Slaughter Inspection System must be suspended. No funds made available to USDA during such emergency period shall be used to develop, propose, finalize, issue, amend, or implement any policy, regulation, directive, constituent update, or any other agency program that would increase line speeds at meat and poultry establishments. Not later than 90 days after the end of the emergency period, the Government Accountability Office shall conduct a review of actions taken by specific federal departments or agencies, including USDA, in response to the COVID-19 pandemic to determine the effectiveness of such actions in protecting animal, food, and worker safety.
117 S713 IS: Safe Line Speeds During COVID–19 Act of 2021 U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 713 IN THE SENATE OF THE UNITED STATES March 11, 2021 Mr. Booker Ms. Warren Mr. Blumenthal Ms. Baldwin Mr. Brown Mr. Sanders Mr. Merkley Mrs. Feinstein Mr. Casey Mrs. Gillibrand Mrs. Murray Mr. Cardin Committee on Agriculture, Nutrition, and Forestry A BILL To direct the Secretary of Agriculture to temporarily suspend increased line speeds at meat and poultry establishments, and for other purposes. 1. Short title This Act may be cited as the Safe Line Speeds During COVID–19 Act of 2021 2. Temporary suspension of increased line speeds at meat and poultry establishments (a) Definitions In this section: (1) Covered establishment The term covered establishment (A) an official establishment (as defined in section 301.2 of title 9, Code of Federal Regulations (or successor regulations)) that is subject to inspection under the Federal Meat Inspection Act ( 21 U.S.C. 601 (B) an official establishment (as defined in section 381.1 of title 9, Code of Federal Regulations (or successor regulations)) that is subject to inspection under the Poultry Products Inspection Act ( 21 U.S.C. 451 (2) Covered period The term covered period (3) COVID–19 emergency The term COVID–19 emergency 42 U.S.C. 247d (4) Secretary The term Secretary (b) Temporary suspension of waivers (1) In general Notwithstanding any other provision of law (including regulations, including sections 303.1(h) and 381.3(b) of title 9, Code of Federal Regulations (or successor regulations)), during the covered period, the Secretary, acting through the Administrator of the Food Safety and Inspection Service— (A) shall suspend any waivers issued before the date of enactment of this Act relating to— (i) line speeds at covered establishments; and (ii) inspection staffing requirements for covered establishments; (B) shall not issue any waiver described in subparagraph (A) to covered establishments; and (C) shall suspend implementation of, and conversion to, the New Swine Slaughter Inspection System described in the final rule entitled Modernization of Swine Slaughter Inspection (2) Limitation on authority over line speeds None of the funds made available to the Secretary during the covered period may be used to develop, propose, finalize, issue, amend, or implement any policy, regulation, directive, constituent update, or any other agency program that would increase line speeds at covered establishments. (3) Effect on State Law (A) In general This subsection shall not preempt or limit any law or regulation of a State or a political subdivision of a State that— (i) imposes requirements that are more protective of worker safety or animal welfare than the requirements of this subsection; or (ii) creates penalties for conduct regulated by this subsection. (B) Other laws The requirements of this subsection are in addition to, and not in lieu of, any other laws protecting worker safety and animal welfare. (c) GAO review (1) In general Not later than 90 days after the end of the covered period, the Comptroller General of the United States shall carry out, and submit to Congress, a review of the actions taken by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services in response to the COVID–19 pandemic to determine the effectiveness of those actions in protecting animal, food, and worker safety. (2) Contents The review carried out under paragraph (1) shall include information on, and an analysis of, with respect to covered establishments— (A) all policies and regulations relating to inspection of those establishments that have been implemented by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services during the COVID–19 emergency and the covered period; (B) the pandemic emergency preparedness plans of those establishments; (C) the extent to which those establishments have implemented guidance and recommendations to space workers 6 feet apart on production lines and in break rooms, locker rooms, and all other workspaces; (D) the quantity and usage of personal protective equipment by workers at those establishments; (E) any guidance provided to inspectors of those establishments by the Secretary, Secretary of Labor, or the Secretary of Health and Human Services during the COVID–19 emergency; (F) actions taken by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services to protect workers, animals, and food at establishments that have reported cases of COVID–19; (G) all humane handling reports issued, and enforcement actions taken, by the Secretary during the COVID–19 emergency pursuant to— (i) Public Law 85–765 Humane Methods of Slaughter Act of 1958 7 U.S.C. 1901 (ii) good commercial practices regulations promulgated under the Poultry Products Inspection Act ( 21 U.S.C. 451 (H) the impact of faster line speeds on the ability of those establishments to maintain protections for workers; and (I) any instance of interference by a Federal agency with a review of a covered establishment experiencing an outbreak of COVID–19 conducted by personnel of the Centers for Disease Control and Prevention. (d) Reports to Congress Not later than 180 days after the date of enactment of this Act, the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services shall each submit to the Committees on Agriculture, Nutrition, and Forestry and Health, Education, Labor, and Pensions of the Senate, and the Committees on Agriculture and Education and Labor of the House of Representatives, a report that— (1) describes the actions taken by that Secretary to ensure worker, animal, and food safety during the COVID–19 emergency; and (2) includes an analysis of the issues described in subparagraphs (A) through (H) of subsection (c)(2).
Safe Line Speeds During COVID–19 Act of 2021
NEPA Data Transparency and Accountability Act This bill requires federal agencies to annually report on their environmental review activities under the National Environmental Policy Act of 1969 (NEPA). The agencies must also include the cost of their NEPA activities in the annual reports after the Council on Environmental Quality and the Office of Management and Budget have developed a methodology to assess the comprehensive costs of the NEPA process.
117 S715 IS: NEPA Data Transparency and Accountability Act U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 715 IN THE SENATE OF THE UNITED STATES March 11, 2021 Mr. Lee Committee on Environment and Public Works A BILL To amend the National Environmental Policy Act of 1969 to require the submission of certain reports, and for other purposes. 1. Short title This Act may be cited as the NEPA Data Transparency and Accountability Act 2. Required reports under NEPA Title I of the National Environmental Policy Act of 1969 is amended— (1) by redesignating section 105 ( 42 U.S.C. 4335 (2) by inserting after section 104 ( 42 U.S.C. 4334 105. Required reports (a) Definitions In this section: (1) Environmental assessment The term environmental assessment (2) Environmental impact statement The term environmental impact statement (3) Federal agency The term Federal agency (4) Head of a Federal agency The term head of a Federal agency (5) NEPA process (A) In general The term NEPA process (B) Period For purposes of subparagraph (A), the NEPA process— (i) begins on the date on which the head of a Federal agency receives an application for a proposed action from a project sponsor; and (ii) ends on the date on which the Federal agency issues, with respect to the proposed action— (I) a record of decision, including, if necessary, a revised record of decision; (II) a finding of no significant impact; or (III) a categorical exclusion under this title. (6) Project sponsor The term project sponsor (b) Reports (1) NEPA data (A) In general The head of each Federal agency that carries out the NEPA process shall carry out a process to track, and annually submit to Congress a report containing, the information described in subparagraph (B). (B) Information described The information referred to in subparagraph (A) is, with respect to the Federal agency issuing the report under that subparagraph— (i) the number of proposed actions for which a categorical exclusion was issued during the reporting period; (ii) the length of time the Federal agency took to issue the categorical exclusions described in clause (i); (iii) the number of proposed actions pending on the date on which the report is submitted for which the issuance of a categorical exclusion is pending; (iv) the number of proposed actions for which an environmental assessment was issued during the reporting period; (v) the length of time the Federal agency took to complete each environmental assessment described in clause (iv); (vi) the number of proposed actions pending on the date on which the report is submitted for which an environmental assessment is being drafted; (vii) the number of proposed actions for which an environmental impact statement was issued during the reporting period; (viii) the length of time the Federal agency took to complete each environmental impact statement described in clause (vii); and (ix) the number of proposed actions pending on the date on which the report is submitted for which an environmental impact statement is being drafted. (2) NEPA costs (A) In general Not later than 1 year after the date of enactment of this subsection, the Chair of the Council on Environmental Quality and the Director of the Office of Management and Budget shall jointly develop a methodology to assess the comprehensive costs of the NEPA process. (B) Requirements The head of each Federal agency that carries out the NEPA process shall— (i) adopt the methodology developed under subparagraph (A); and (ii) use the methodology developed under subparagraph (A) to annually submit to Congress a report describing— (I) the comprehensive cost of the NEPA process for each proposed action that was carried out within the reporting period; and (II) for a proposed action for which the head of the Federal agency is still completing the NEPA process at the time the report is submitted— (aa) the amount of money expended to date to carry out the NEPA process for the proposed action; and (bb) an estimate of the remaining costs before the NEPA process for the proposed action is complete. .
NEPA Data Transparency and Accountability Act
NEPA Legal Reform Act This bill establishes requirements concerning the judicial review of cases about the environmental review process required under the National Environmental Policy Act of 1969 (NEPA). Specifically, the bill establishes standing requirements for NEPA claims, including a requirement that a plaintiff must personally suffer, or will likely personally suffer, a direct, tangible harm. In addition, the bill sets a statute of limitations for all claims related to NEPA. The bill also provides statutory authority for certain evidentiary standards concerning motions for temporary restraining orders, preliminary injunctions, and permanent injunctions. In addition, the bill limits fees that may be awarded to environmental attorneys.
117 S716 IS: NEPA Legal Reform Act U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 716 IN THE SENATE OF THE UNITED STATES March 11, 2021 Mr. Lee Committee on Environment and Public Works A BILL To amend the National Environmental Policy Act of 1969 to provide for legal reform, and for other purposes. 1. Short title This Act may be cited as the NEPA Legal Reform Act 2. Legal reforms under NEPA (a) In general Title I of the National Environmental Policy Act of 1969 is amended— (1) by redesignating section 105 ( 42 U.S.C. 4335 (2) by inserting after section 104 ( 42 U.S.C. 4334 105. Legal reform (a) Definitions In this section: (1) Federal agency The term Federal agency (2) Head of a Federal agency The term head of a Federal agency (3) NEPA process (A) In general The term NEPA process (B) Period For purposes of subparagraph (A), the NEPA process— (i) begins on the date on which the head of a Federal agency receives an application for a proposed action from a project sponsor; and (ii) ends on the date on which the Federal agency issues, with respect to the proposed action— (I) a record of decision, including, if necessary, a revised record of decision; (II) a finding of no significant impact; or (III) a categorical exclusion under this title. (4) Project sponsor The term project sponsor (b) Judicial review (1) Standing Notwithstanding any other provision of law, a plaintiff may only bring a claim arising under Federal law seeking judicial review of a portion of the NEPA process if the plaintiff pleads facts that allege that the plaintiff has personally suffered, or will likely personally suffer, a direct, tangible harm as a result of the portion of the NEPA process for which the plaintiff is seeking review. (2) Statute of limitations (A) In general Notwithstanding any other provision of law and except as provided in subparagraph (B)(ii), a claim arising under Federal law seeking judicial review of any portion of the NEPA process shall be barred unless it is filed not later than the earlier of— (i) 150 days after the final agency action under the NEPA process has been taken; and (ii) if applicable, an earlier date after which judicial review is barred that is specified in the Federal law pursuant to which the judicial review is allowed. (B) New information (i) Consideration A Federal agency shall consider for the purpose of a supplemental environmental impact statement new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under the regulations of the Federal agency. (ii) Statute of limitations based on new information If a supplemental environmental impact statement is required under the regulations of a Federal agency, a claim for judicial review of the supplemental environmental impact statement shall be barred unless it is filed not later than the earlier of— (I) 150 days after the publication of a notice in the Federal Register that the supplemental environmental impact statement is final; and (II) if applicable, an earlier date after which judicial review is barred that is specified in the Federal law pursuant to which the judicial review is allowed. (C) Savings clause Nothing in this paragraph creates a right to judicial review. (3) Remedies (A) Preliminary injunctions and temporary restraining orders (i) In general Subject to clause (ii), in a motion for a temporary restraining order or preliminary injunction against a Federal agency or project sponsor in a claim arising under Federal law seeking judicial review of any portion of the NEPA process, the plaintiff shall establish by clear and convincing evidence that— (I) the plaintiff is likely to succeed on the merits; (II) the plaintiff is likely to suffer irreparable harm in the absence of the temporary restraining order or preliminary injunction, as applicable; (III) the balance of equities is tipped in the favor of the plaintiff; and (IV) the temporary restraining order or preliminary injunction is in the public interest. (ii) Additional requirements A court may not grant a motion described in clause (i) unless the court— (I) makes a finding of extraordinary circumstances that warrant the granting of the motion; (II) considers the potential effects on public health, safety, and the environment, and the potential for significant negative effects on jobs resulting from granting the motion; and (III) notwithstanding any other provision of law, applies the requirements of Rule 65(c) of the Federal Rules of Civil Procedure. (B) Permanent injunctions (i) In general Subject to clause (ii), in a motion for a permanent injunction against a Federal agency or project sponsor a claim arising under Federal law seeking judicial review of any portion of the NEPA process, the plaintiff shall establish by clear and convincing evidence that— (I) the plaintiff has suffered an irreparable injury; (II) remedies available at law, including monetary damages, are inadequate to compensate for the injury; (III) considering the balance of hardship between the plaintiff and defendant, a remedy in equity is warranted; (IV) the public interest is not disserved by a permanent injunction; and (V) if the error or omission of a Federal agency in a statement required under this title is the grounds for which the plaintiff is seeking judicial review, the error or omission is likely to result in specific, irreparable damage to the environment. (ii) Additional showing A court may not grant a motion described in clause (i) unless— (I) the court makes a finding that extraordinary circumstances exist that warrant the granting of the motion; and (II) the permanent injunction is— (aa) as narrowly tailored as possible to correct the injury; and (bb) the least intrusive means necessary to correct the injury. . (b) Attorney fees in environmental litigation (1) Administrative procedure Section 504(b)(1) of title 5, United States Code, is amended— (A) in subparagraph (E), by striking and (B) in subparagraph (F), by striking the period at the end and inserting ; and (C) by adding at the end the following: (G) special factor . (2) United States as party Section 2412(d)(2) of title 28, United States Code, is amended— (A) in subparagraph (H), by striking and (B) in subparagraph (I), by striking the period at the end and inserting ; and (C) by adding at the end the following: (J) special factor .
NEPA Legal Reform Act
NEPA Agency Process Accountability Act This bill revises the environmental review process required under the National Environmental Policy Act of 1969 (NEPA), including by limiting the number of assessment documents required for proposed major federal actions, requiring agencies to reuse certain research or documents in the NEPA process, and allowing agencies to adopt environmental documents prepared by states or third parties as specified under the bill. In addition, the bill requires agencies to only consider alternatives to proposed major federal actions that are technically and economically feasible. Agencies must track and report on specified NEPA data, such as the comprehensive costs of the NEPA process.
117 S718 IS: NEPA Agency Process Accountability Act U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 718 IN THE SENATE OF THE UNITED STATES March 11, 2021 Mr. Lee Mr. Barrasso Mr. Cruz Committee on Environment and Public Works A BILL To amend the National Environmental Policy Act of 1969 to reform agency process requirements, and for other purposes. 1. Short title This Act may be cited as the NEPA Agency Process Accountability Act 2. Agency process reforms under NEPA Title I of the National Environmental Policy Act of 1969 is amended— (1) by redesignating section 105 ( 42 U.S.C. 4335 (2) by inserting after section 104 ( 42 U.S.C. 4334 105. Agency process reforms (a) Definitions In this section: (1) Environmental assessment The term environmental assessment (2) Environmental impact statement The term environmental impact statement (3) Federal agency The term Federal agency (4) Head of a Federal agency The term head of a Federal agency (5) NEPA process (A) In general The term NEPA process (B) Period For purposes of subparagraph (A), the NEPA process— (i) begins on the date on which the head of a Federal agency receives an application for a proposed action from a project sponsor; and (ii) ends on the date on which the Federal agency issues, with respect to the proposed action— (I) a record of decision, including, if necessary, a revised record of decision; (II) a finding of no significant impact; or (III) a categorical exclusion under this title. (6) Project sponsor The term project sponsor (b) Prohibitions In carrying out the NEPA process, the head of a Federal agency may not— (1) consider an alternative to the proposed action if the proposed action is not technically or economically feasible to the project sponsor; or (2) consider an alternative to the proposed action that is not within the jurisdiction of the Federal agency. (c) Environmental documents (1) EIS required In carrying out the NEPA process for a proposed action that requires the preparation of an environmental impact statement, the head of a Federal agency shall produce for the proposed action not more than 1— (A) environmental impact statement; (B) if necessary, environmental assessment; and (C) record of decision. (2) EIS not required In carrying out the NEPA process for a proposed action that does not require the preparation of an environmental impact statement, the head of a Federal agency shall produce for the proposed action not more than 1— (A) environmental assessment; or (B) finding of no significant impact. (d) Categorical exclusions (1) In general Notwithstanding any other provision of law and subject to paragraph (2), the head of a Federal agency may, without further approval, use a categorical exclusion under this title that has been approved by— (A) (i) another Federal agency; and (ii) the Council on Environmental Quality; or (B) an Act of Congress. (2) Requirements The head of a Federal agency may use a categorical exclusion described in paragraph (1) if the head of the Federal agency— (A) carefully reviews the description of the proposed action to ensure that it fits within the category of actions described in the categorical exclusion; and (B) considers the circumstances associated with the proposed action to ensure that there are no extraordinary circumstances that warrant the preparation of an environmental assessment or an environmental impact statement. (3) Extraordinary circumstances If the head of a Federal agency determines that extraordinary circumstances are present with respect to a proposed action, the head of the Federal agency shall— (A) consider whether mitigating circumstances or other conditions are sufficient to avoid significant effects of the proposed action; and (B) if the head of the Federal agency determines that those significant effects can be avoided, apply a categorical exclusion to the proposed action. (e) Reuse of work; documents prepared by qualified 3rd parties; unexpected circumstances (1) In general In carrying out the NEPA process for a proposed action— (A) subject to paragraph (2), the head of a Federal agency shall— (i) use any applicable findings and research from a prior NEPA process of any Federal agency; and (ii) incorporate the findings and research described in clause (i) into any applicable analysis under the NEPA process; and (B) a Federal agency may adopt as an environmental impact statement, environmental assessment, or other environmental document to achieve compliance with this title— (i) an environmental document prepared under the law of the applicable State if the head of the Federal agency determines that the environmental laws of the applicable State— (I) provide the same level of environmental analysis as the analysis required under this title; and (II) allow for the opportunity of public comment; or (ii) subject to paragraph (3), an environmental document prepared by a qualified third party chosen by the project sponsor, at the expense of the project sponsor, if the head of the Federal agency— (I) provides oversight of the preparation of the environmental document by the third party; and (II) independently evaluates the environmental document for the compliance of the environmental document with this title. (2) Requirement for the reuse of findings and research The head of a Federal agency may reuse the applicable findings and research described in paragraph (1)(A) if— (A) (i) the project for which the head of the Federal agency is seeking to reuse the findings and research was in close geographic proximity to the proposed action; and (ii) the head of the Federal agency determines that the conditions under which the applicable findings and research were issued have not substantially changed; or (B) (i) the project for which the head of the Federal agency is seeking to reuse the findings and research was not in close geographic proximity to the proposed action; and (ii) the head of the Federal agency determines that the proposed action has similar issues or decisions as the project. (3) Requirements for creation of environmental document by qualified 3rd parties (A) In general A qualified third party may prepare an environmental document intended to be adopted by a Federal agency as the environmental impact statement, environmental assessment, or other environmental document for a proposed action under paragraph (1)(B)(ii) if— (i) the project sponsor submits a written request to the head of the applicable Federal agency that the head of the Federal agency approve the qualified third party to create the document intended to be adopted by a Federal agency as the environmental impact statement, environmental assessment, or other environmental document; and (ii) the head of the Federal agency determines that— (I) the third party is qualified to prepare the document; and (II) the third party has no financial or other interest in the outcome of the proposed action. (B) Deadline The head of a Federal agency that receives a written request under subparagraph (A)(i) shall issue a written decision approving or denying the request not later than 30 days after the date on which the written request is received. (C) No prior work The head of a Federal agency may not adopt an environmental document under paragraph (1)(B)(ii) if the qualified third party began preparing the document prior to the date on which the head of the Federal agency issues the written decision under subparagraph (B) approving the request. (D) Denials If the head of a Federal agency issues a written decision denying the request under subparagraph (A)(i), the head of the Federal agency shall submit to the project sponsor with the written decision the findings that served as the basis of the denial. (4) Unexpected circumstances If, while carrying out a proposed action after the completion of the NEPA process for that proposed action, a Federal agency or project sponsor encounters a new or unexpected circumstance or condition that may require the reevaluation of the proposed action under this title, the head of the Federal agency with responsibility for carrying out the NEPA process for the proposed action shall— (A) consider whether mitigating the new or unexpected circumstance or condition is sufficient to avoid significant effects that may result from the circumstance or condition; and (B) if the head of the Federal agency determines under subparagraph (A) that the significant effects that result from the circumstance or condition can be avoided, mitigate the circumstance or condition without carrying out the NEPA process again. (f) Multi-Agency projects (1) Definitions In this subsection: (A) Cooperating agency The term cooperating agency (i) is not the lead agency; and (ii) has the jurisdiction or special expertise such that the Federal agency needs to be consulted— (I) to use a categorical exclusion; or (II) to prepare an environmental assessment or environmental impact statement, as applicable. (B) Lead agency The term lead agency (2) Agency designation (A) Lead agency In carrying out the NEPA process for a proposed action that requires authorization from multiple Federal agencies, the heads of the applicable Federal agencies shall determine the lead agency for the proposed action. (B) Invitation The head of the lead agency may invite any relevant State, local, or Tribal agency with Federal authorization decision responsibility to be a cooperating agency. (3) Responsibilities of lead agency The lead agency for a proposed action shall— (A) as soon as practicable and in consultation with the cooperating agencies, determine whether a proposed action requires the preparation of an environmental impact statement; and (B) if the head of the lead agency determines under subparagraph (A) that an environmental impact statement is necessary— (i) be responsible for coordinating the preparation of an environmental impact statement; (ii) provide cooperating agencies with an opportunity to review and contribute to the preparation of the environmental impact statement and environmental assessment, as applicable, of the proposed action, except that the cooperating agency shall limit comments to issues within the special expertise or jurisdiction of the cooperating agency; and (iii) subject to subsection (b), as soon as practicable and in consultation with the cooperating agencies, determine the range of alternatives to be considered for the proposed action. (4) Environmental documents In carrying out the NEPA process for a proposed action, the lead agency shall prepare not more than 1 of each type of document described in paragraph (1) or (2) of subsection (c), as applicable— (A) in consultation with cooperating agencies; and (B) for all applicable Federal agencies. (5) Prohibitions (A) In general A cooperating agency may not evaluate an alternative to the proposed action that has not been determined to be within the range of alternatives considered under paragraph (3)(B)(iii). (B) Omission If a cooperating agency submits to the lead agency an evaluation of an alternative that does not meet the requirements of subsection (b), the lead agency shall omit the alternative from the environmental impact statement. (g) Reports (1) NEPA data (A) In general The head of each Federal agency that carries out the NEPA process shall carry out a process to track, and annually submit to Congress a report containing, the information described in subparagraph (B). (B) Information described The information referred to in subparagraph (A) is, with respect to the Federal agency issuing the report under that subparagraph— (i) the number of proposed actions for which a categorical exclusion was issued during the reporting period; (ii) the length of time the Federal agency took to issue the categorical exclusions described in clause (i); (iii) the number of proposed actions pending on the date on which the report is submitted for which the issuance of a categorical exclusion is pending; (iv) the number of proposed actions for which an environmental assessment was issued during the reporting period; (v) the length of time the Federal agency took to complete each environmental assessment described in clause (iv); (vi) the number of proposed actions pending on the date on which the report is submitted for which an environmental assessment is being drafted; (vii) the number of proposed actions for which an environmental impact statement was issued during the reporting period; (viii) the length of time the Federal agency took to complete each environmental impact statement described in clause (vii); and (ix) the number of proposed actions pending on the date on which the report is submitted for which an environmental impact statement is being drafted. (2) NEPA costs (A) In general Not later than 1 year after the date of enactment of this subsection, the Chair of the Council on Environmental Quality and the Director of the Office of Management and Budget shall jointly develop a methodology to assess the comprehensive costs of the NEPA process. (B) Requirements The head of each Federal agency that carries out the NEPA process shall— (i) adopt the methodology developed under subparagraph (A); and (ii) use the methodology developed under subparagraph (A) to annually submit to Congress a report describing— (I) the comprehensive cost of the NEPA process for each proposed action that was carried out within the reporting period; and (II) for a proposed action for which the head of the Federal agency is still completing the NEPA process at the time the report is submitted— (aa) the amount of money expended to date to carry out the NEPA process for the proposed action; and (bb) an estimate of the remaining costs before the NEPA process for the proposed action is complete. .
NEPA Agency Process Accountability Act
NEPA State Assignment Expansion Act This bill allows certain states to enter into agreements with federal agencies to assume federal responsibilities regarding the environmental review of proposed major federal actions under the National Environmental Policy Act of 1969.
117 S719 IS: NEPA State Assignment Expansion Act U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 719 IN THE SENATE OF THE UNITED STATES March 11, 2021 Mr. Lee Committee on Environment and Public Works A BILL To amend the National Environmental Policy Act of 1969 to provide for project delivery programs, and for other purposes. 1. Short title This Act may be cited as the NEPA State Assignment Expansion Act 2. Project delivery programs (a) In general Title I of the National Environmental Policy Act of 1969 is amended— (1) by redesignating section 105 ( 42 U.S.C. 4335 (2) by inserting after section 104 ( 42 U.S.C. 4334 105. Project delivery programs (a) Definition of agency program In this section, the term agency program (b) Establishment (1) In general The head of each Federal agency, including the Secretary of Transportation, shall carry out a project delivery program. (2) Assumption of responsibility (A) In general Subject to subparagraph (B), the head of each Federal agency shall, on request of a State, enter into a written agreement with the State, which may be in the form of a memorandum of understanding, in which the head of each Federal agency may assign, and the State may assume, the responsibilities of the head of the Federal agency under this title with respect to 1 or more projects within the State that are under the jurisdiction of the Federal agency. (B) Exception The head of a Federal agency shall not enter into a written agreement under subparagraph (A) if the head of the Federal agency determines that the State is not in compliance with the requirements described in subsection (c)(4). (C) Additional responsibility If a State assumes responsibility under subparagraph (A)— (i) the head of the Federal agency may assign to the State, and the State may assume, all or part of the responsibilities of the head of the Federal agency for environmental review, consultation, or other action required under any Federal environmental law pertaining to the review or approval of a specific project; (ii) at the request of the State, the head of the Federal agency may also assign to the State, and the State may assume, the responsibilities of the head of the Federal agency under this title with respect to 1 or more projects within the State that are under the jurisdiction of the Federal agency; but (iii) the head of the Federal agency may not assign responsibility for any conformity determination required under section 176 of the Clean Air Act ( 42 U.S.C. 7506 (D) Procedural and substantive requirements A State shall assume responsibility under this section subject to the same procedural and substantive requirements as would apply if that responsibility were carried out by the Federal agency. (E) Federal responsibility Any responsibility of a Federal agency not explicitly assumed by the State by written agreement under subparagraph (A) shall remain the responsibility of the Federal agency. (F) No effect on authority Nothing in this section preempts or interferes with any power, jurisdiction, responsibility, or authority of an agency, other than the Federal agency for which the written agreement applies, under applicable law (including regulations) with respect to a project. (G) Preservation of flexibility The head of the Federal agency may not require a State, as a condition of participation in the agency program of the Federal agency, to forego project delivery methods that are otherwise permissible for projects under applicable law. (H) Legal fees A State assuming the responsibilities of a Federal agency under this section for a specific project may use funds awarded to the State for that project for attorneys' fees directly attributable to eligible activities associated with the project. (c) State Participation (1) Participating states Except as provided in subsection (b)(2)(B), all States are eligible to participate in an agency program. (2) Application Not later than 270 days after the date of enactment of this section, the head of each Federal agency shall amend, as appropriate, regulations that establish requirements relating to information required to be contained in any application of a State to participate in the agency program, including, at a minimum— (A) the projects or classes of projects for which the State anticipates exercising the authority that may be granted under the agency program; (B) verification of the financial resources necessary to carry out the authority that may be granted under the agency program; and (C) evidence of the notice and solicitation of public comment by the State relating to participation of the State in the agency program, including copies of comments received from that solicitation. (3) Public notice (A) In general Each State that submits an application under this subsection shall give notice of the intent of the State to participate in an agency program not later than 30 days before the date of submission of the application. (B) Method of notice and solicitation The State shall provide notice and solicit public comment under this paragraph by publishing the complete application of the State in accordance with the appropriate public notice law of the State. (4) Selection criteria The head of a Federal agency may approve the application of a State under this section only if— (A) the regulatory requirements under paragraph (2) have been met; (B) the head of the Federal agency determines that the State has the capability, including financial and personnel, to assume the responsibility; and (C) the head of the State agency having primary jurisdiction over the project enters into a written agreement with the head of the Federal agency as described in subsection (d). (5) Other Federal agency views If a State applies to assume a responsibility of the Federal agency that would have required the head of the Federal agency to consult with the head of another Federal agency, the head of the Federal agency shall solicit the views of the head of the other Federal agency before approving the application. (d) Written Agreement A written agreement under subsection (b)(2)(A) shall— (1) be executed by the Governor or the top-ranking official in the State who is charged with responsibility for the project; (2) be in such form as the head of the Federal agency may prescribe; (3) provide that the State— (A) agrees to assume all or part of the responsibilities of the Federal agency described in subparagraphs (A) and (C) of subsection (b)(2); (B) expressly consents, on behalf of the State, to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the Federal agency assumed by the State; (C) certifies that State laws (including regulations) are in effect that— (i) authorize the State to take the actions necessary to carry out the responsibilities being assumed; and (ii) are comparable to section 552 of title 5, including providing that any decision regarding the public availability of a document under those State laws is reviewable by a court of competent jurisdiction; and (D) agrees to maintain the financial resources necessary to carry out the responsibilities being assumed; (4) require the State to provide to the head of the Federal agency any information the head of the Federal agency reasonably considers necessary to ensure that the State is adequately carrying out the responsibilities assigned to the State; (5) have a term of not more than 5 years; and (6) be renewable. (e) Jurisdiction (1) In general The United States district courts shall have exclusive jurisdiction over any civil action against a State for failure to carry out any responsibility of the State under this section. (2) Legal standards and requirements A civil action under paragraph (1) shall be governed by the legal standards and requirements that would apply in such a civil action against the head of a Federal agency had the head of the Federal agency taken the actions in question. (3) Intervention The head of a Federal agency shall have the right to intervene in any action described in paragraph (1). (f) Effect of Assumption of Responsibility A State that assumes responsibility under subsection (b)(2) shall be solely responsible and solely liable for carrying out, in lieu of and without further approval of the head of the Federal agency, the responsibilities assumed under subsection (b)(2), until the agency program is terminated under subsection (k). (g) Limitations on Agreements Nothing in this section permits a State to assume any rulemaking authority of the head of a Federal agency under any Federal law. (h) Audits (1) In general To ensure compliance by a State with any agreement of the State under subsection (d) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (b)(2)), for each State participating in an agency program, the head of a Federal agency shall— (A) not later than 180 days after the date of execution of the agreement, meet with the State to review implementation of the agreement and discuss plans for the first annual audit; (B) conduct annual audits during each of the first 4 years of State participation; and (C) ensure that the time period for completing an annual audit, from initiation to completion (including public comment and responses to those comments), does not exceed 180 days. (2) Public availability and comment (A) In general An audit conducted under paragraph (1) shall be provided to the public for comment. (B) Response Not later than 60 days after the date on which the period for public comment ends, the head of the Federal agency shall respond to public comments received under subparagraph (A). (3) Audit team (A) In general An audit conducted under paragraph (1) shall be carried out by an audit team determined by the head of the Federal agency, in consultation with the State, in accordance with subparagraph (B). (B) Consultation Consultation with the State under subparagraph (A) shall include a reasonable opportunity for the State to review and provide comments on the proposed members of the audit team. (i) Monitoring After the fourth year of the participation of a State in an agency program, the head of the Federal agency shall monitor compliance by the State with the written agreement, including the provision by the State of financial resources to carry out the written agreement. (j) Report to Congress The head of each Federal agency shall submit to Congress an annual report that describes the administration of the agency program. (k) Termination (1) Termination by Federal agency The head of a Federal agency may terminate the participation of any State in the agency program of the Federal agency if— (A) the head of the Federal agency determines that the State is not adequately carrying out the responsibilities assigned to the State; (B) the head of the Federal agency provides to the State— (i) a notification of the determination of noncompliance; (ii) a period of not less than 120 days to take such corrective action as the head of the Federal agency determines to be necessary to comply with the applicable agreement; and (iii) on request of the Governor of the State, a detailed description of each responsibility in need of corrective action regarding an inadequacy identified under subparagraph (A); and (C) the State, after the notification and period provided under subparagraph (B), fails to take satisfactory corrective action, as determined by the head of the Federal agency. (2) Termination by the State A State may terminate the participation of the State in an agency program at any time by providing to the head of the applicable Federal agency a notice by not later than the date that is 90 days before the date of termination, and subject to such terms and conditions as the head of the Federal agency may provide. (l) Capacity Building The head of a Federal agency, in cooperation with representatives of State officials, may carry out education, training, peer-exchange, and other initiatives as appropriate— (1) to assist States in developing the capacity to participate in the agency program of the Federal agency; and (2) to promote information sharing and collaboration among States that are participating in the agency program of the Federal agency. (m) Relationship to Locally Administered Projects A State granted authority under an agency program may, as appropriate and at the request of a local government— (1) exercise that authority on behalf of the local government for a locally administered project; or (2) provide guidance and training on consolidating and minimizing the documentation and environmental analyses necessary for sponsors of a locally administered project to comply with this title and any comparable requirements under State law. . (b) Conforming amendment Section 327 of title 23, United States Code, is amended— (1) in subsection (a)(1), by striking The Secretary Subject to subsection (m), the Secretary (2) by adding at the end the following: (m) Sunset (1) In general Except as provided under paragraph (2), the authority provided by this section terminates on the date of enactment of this subsection. (2) Existing agreements Subject to the requirements of this section, the Secretary may continue to enforce any agreement entered into under this section before the date of enactment of this subsection. .
NEPA State Assignment Expansion Act
NEPA Accountability and Enforcement Act This bills establishes (1) deadlines for federal agencies to complete reviews of the environmental effects of proposed major federal actions, and (2) penalties for agencies that do not comply with these deadlines.
117 S721 IS: NEPA Accountability and Enforcement Act U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 721 IN THE SENATE OF THE UNITED STATES March 11, 2021 Mr. Lee Mr. Barrasso Mr. Cruz Committee on Environment and Public Works A BILL To amend the National Environmental Policy Act of 1969 to impose time limits on the completion of certain required actions under the Act, and for other purposes. 1. Short title This Act may be cited as the NEPA Accountability and Enforcement Act 2. National Environmental Policy Act timelines Title I of the National Environmental Policy Act of 1969 is amended— (1) by redesignating section 105 ( 42 U.S.C. 4335 (2) by inserting after section 104 ( 42 U.S.C. 4334 105. Applicable timelines (a) Definitions In this section: (1) Environmental impact statement The term environmental impact statement (2) Federal agency The term Federal agency (3) Head of a Federal agency The term head of a Federal agency (4) NEPA process (A) In general The term NEPA process (B) Period For purposes of subparagraph (A), the NEPA process— (i) begins on the date on which the head of a Federal agency receives an application for a proposed action from a project sponsor; and (ii) ends on the date on which the Federal agency issues, with respect to the proposed action— (I) a record of decision, including, if necessary, a revised record of decision; (II) a finding of no significant impact; or (III) a categorical exclusion under this title. (5) Project sponsor The term project sponsor (b) Applicable timelines (1) NEPA process (A) In general The head of a Federal agency shall complete the NEPA process for a proposed action of the Federal agency, as described in subsection (a)(4)(B)(ii), not later than 2 years after the date described in subsection (a)(4)(B)(i). (B) Environmental documents Within the period described in subparagraph (A), not later than 1 year after the date described in subsection (a)(4)(B)(i), the head of the Federal agency shall, with respect to the proposed action— (i) issue— (I) a finding that a categorical exclusion applies to the proposed action; or (II) a finding of no significant impact; or (ii) publish a notice of intent to prepare an environmental impact statement in the Federal Register. (C) Environmental impact statement If the head of a Federal agency publishes a notice of intent described in subparagraph (B)(ii), within the period described in subparagraph (A) and not later than 1 year after the date on which the head of the Federal agency publishes the notice of intent, the head of the Federal agency shall complete the environmental impact statement and, if necessary, any supplemental environmental impact statement for the proposed action. (D) Penalties (i) Definitions In this subparagraph: (I) Director The term Director (II) Federal agency The term Federal agency (III) Final NEPA compliance date The term final NEPA compliance date (IV) Head of a Federal agency The term head of a Federal agency (V) Initial EIS compliance date The term initial EIS compliance date (VI) Initial NEPA compliance date The term initial NEPA compliance date (VII) Initial noncompliance determination The term initial noncompliance determination (ii) Initial noncompliance (I) Determination (aa) Notification As soon as practicable after the date described in subsection (a)(4)(B)(i) for a proposed action of a Federal agency, the head of the Federal agency shall notify the Director that the head of the Federal agency is beginning the NEPA process for that proposed action. (bb) Determinations of compliance (AA) Initial determination As soon as practicable after the initial NEPA compliance date for a proposed action, the Director shall determine whether, as of the initial NEPA compliance date, the head of the Federal agency has complied with subparagraph (B) for that proposed action. (BB) Environmental impact statement With respect to a proposed action of a Federal agency in which the head of the Federal agency publishes a notice of intent described in subparagraph (B)(ii), as soon as practicable after the initial EIS compliance date for a proposed action, the Director shall determine whether, as of the initial EIS compliance date, the head of the Federal agency has complied with subparagraph (C) for that proposed action. (CC) Completion of NEPA process As soon as practicable after the final NEPA compliance date for a proposed action, the Director shall determine whether, as of the final NEPA compliance date, the head of the Federal agency has complied with subparagraph (A) for that proposed action. (II) Identification; penalty; notification If the Director makes an initial noncompliance determination for a proposed action— (aa) the Director shall identify the account for the salaries and expenses of the office of the head of the Federal agency, or an equivalent account; (bb) beginning on the day after the date on which the Director makes the initial noncompliance determination, the amount that the head of the Federal agency may obligate from the account identified under item (aa) for the fiscal year during which the determination is made shall be reduced by 0.5 percent from the amount initially made available for the account for that fiscal year; and (cc) the Director shall notify the head of the Federal agency of— (AA) the initial noncompliance determination; (BB) the account identified under item (aa); and (CC) the reduction under item (bb). (iii) Continued noncompliance (I) Determination Every 90 days after the date of an initial noncompliance determination, the Director shall determine whether the head of the Federal agency has complied with the applicable requirements of subparagraphs (A) through (C) for the proposed action, until the date on which the Director determines that the head of the Federal agency has completed the NEPA process for the proposed action. (II) Penalty; notification For each determination made by the Director under subclause (I) that the head of a Federal agency has not complied with a requirement of subparagraph (A), (B), or (C) for a proposed action— (aa) the amount that the head of the Federal agency may obligate from the account identified under clause (ii)(II)(aa) for the fiscal year during which the most recent determination under subclause (I) is made shall be reduced by 0.5 percent from the amount initially made available for the account for that fiscal year; and (bb) the Director shall notify the head of the Federal agency of— (AA) the determination under subclause (I); and (BB) the reduction under item (aa). (iv) Requirements (I) Amounts not restored A reduction in the amount that the head of a Federal agency may obligate under clause (ii)(II)(bb) or (iii)(II)(aa) during a fiscal year shall not be restored for that fiscal year, without regard to whether the head of a Federal agency completes the NEPA process for the proposed action with respect to which the Director made an initial noncompliance determination or a determination under clause (iii)(I). (II) Required timelines The violation of subparagraph (B) or (C), and any action carried out to remediate or otherwise address the violation, shall not affect any other applicable compliance date under subparagraph (A), (B), or (C). (2) Authorizations and permits (A) In general Not later than 90 days after the date described in subsection (a)(4)(B)(ii), the head of a Federal agency shall issue— (i) any necessary permit or authorization to carry out the proposed action; or (ii) a denial of the permit or authorization necessary to carry out the proposed action. (B) Effect of failure to issue authorization or permit If a permit or authorization described in subparagraph (A) is not issued or denied within the period described in that subparagraph, the permit or authorization shall be considered to be approved. (C) Denial of permit or authorization (i) In general If a permit or authorization described in subparagraph (A) is denied, the head of the Federal agency shall describe to the project sponsor— (I) the basis of the denial; and (II) recommendations for the project sponsor with respect to how to address the reasons for the denial. (ii) Recommended changes If the project sponsor carries out the recommendations of the head of the Federal agency under clause (i)(II) and notifies the head of the Federal agency that the recommendations have been carried out, the head of the Federal agency— (I) shall decide whether to issue the permit or authorization described in subparagraph (A) not later than 90 days after date on which the project sponsor submitted the notification; and (II) shall not carry out the NEPA process with respect to the proposed action again. .
NEPA Accountability and Enforcement Act
Wastewater Efficiency and Treatment Act of 2021 This bill requires the Department of Energy (DOE) to establish a Water and Energy Efficiency Program. Under the program, DOE must award grants to certain small public wastewater treatment facilities that serve disadvantaged communities or populations that do not exceed 10,000. The facilities must use the grants to conduct energy efficiency audits of the facilities and update equipment based on the audits. In addition, DOE must provide loan guarantees to eligible municipalities and Indian tribes for (1) projects that convert waste in the treatment process of wastewater treatment facilities into renewable fuels, biosolids, or other byproducts; and (2) projects that will assist in transitioning facilities towards the use of energy-efficient technologies. In carrying out the program, DOE must establish a small-scale extension services program to provide assistance to rural communities through grants, outreach, training, and technical assistance regarding energy-efficient technologies at wastewater treatment facilities in eligible municipalities and tribes.
117 S722 IS: Wastewater Efficiency and Treatment Act of 2021 U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 722 IN THE SENATE OF THE UNITED STATES March 11, 2021 Mr. Merkley Committee on Energy and Natural Resources A BILL To amend the Energy Policy Act of 2005 to establish a program to provide grants and loan guarantees to improve the energy efficiency of publicly owned wastewater treatment facilities, and for other purposes. 1. Short title This Act may be cited as the Wastewater Efficiency and Treatment Act of 2021 2. Findings Congress finds that— (1) municipalities face high energy costs to operate and maintain the wastewater treatment facilities of the municipalities; (2) energy intensive operations at wastewater treatment facilities can include aeration, influent pumping, aerobic digestion, anaerobic digestion, building operations, and other critical components of the waste treatment process; (3) the utility energy costs of a municipality can exceed 30 percent of total energy costs of the municipality; (4) energy costs are part of the calculus in determining ratepayer rates; (5) wastewater treatment facilities that use anaerobic digestion can capture methane for conversion into energy for onsite power production, heating, transportation fuel, export of renewable natural gas or electricity, and other uses; (6) the process described in paragraph (5) may be enhanced through innovative technologies, such as codigestion of fats, oils and grease, food waste, and other organic waste; (7) all wastewater treatment facilities, regardless of type of treatment or size, can benefit from energy audits and installation of energy efficient components; (8) investment in recovery technologies for use by wastewater treatment facilities may result in— (A) reduced energy costs for the wastewater treatment facility; (B) improved energy resiliency of the wastewater treatment facility; and (C) potential revenue generating streams for the municipality that owns the wastewater treatment facility; (9) many existing Federal programs relating to water infrastructure remain inaccessible because municipality officials and utility managers may not have resources— (A) to upgrade the infrastructure of the wastewater treatment facilities of the municipality for energy efficiency; or (B) to transition wastewater treatment facilities of the municipality towards energy resiliency; and (10) this Act will substantially benefit wastewater treatment facilities in the United States by addressing the gap in funding for wastewater treatment facility projects for large and small municipalities by making loan guarantees and grants available to municipalities to reduce borrowing costs and accelerate water infrastructure investment. 3. Water and Energy Efficiency Program (a) Water and Energy Efficiency Program The Energy Policy Act of 2005 is amended by inserting after section 1705 ( 42 U.S.C. 16516 1706. Water and Energy Efficiency Program (a) Purpose The purpose of this section is to provide grants and guarantees— (1) to improve energy efficiency, energy production, and nutrient recovery at wastewater treatment facilities; (2) to generate energy from waste in the treatment process of wastewater treatment facilities; and (3) to reduce the energy consumption of eligible municipalities and Tribes in which wastewater treatment facilities are located. (b) Definitions In this section: (1) Eligible municipality or Tribe The term eligible municipality or Tribe (2) Indian Tribe The term Indian Tribe Indian tribe 25 U.S.C. 5304 (3) Program The term Program (4) Wastewater treatment facility The term wastewater treatment facility treatment works 33 U.S.C. 1292 (c) Establishment (1) In general Not later than 180 days after the date of enactment of this section, notwithstanding section 1703, the Secretary shall establish a program, to be known as the Water and Energy Efficiency Program (A) grants under subsection (d); and (B) guarantees under subsection (e). (2) Criteria The Secretary shall develop application criteria for providing grants and guarantees under the Program, including criteria to determine whether a municipality or Indian Tribe is eligible for a grant or guarantee under the Program. (d) Water efficiency grants (1) In general Under the Program, the Secretary, acting through the Assistant Secretary for Energy Efficiency and Renewable Energy, shall award grants to eligible entities described in paragraph (2) to carry out 1 or more eligible projects described in paragraph (3). (2) Eligible entities An entity eligible to receive a grant under this subsection is a small publicly wastewater treatment facility that serves— (A) a population of not more than 10,000; or (B) a disadvantaged community, as determined by the Secretary. (3) Eligible projects An eligible project referred to in paragraph (1) is— (A) a project to carry out an energy efficiency audit of a wastewater treatment facility to identify opportunities in the operations of the wastewater treatment facility— (i) to reduce electrical demand; or (ii) to reduce losses in the wastewater treatment facility system; and (B) a project to replace equipment or to carry out other small capital projects to update components of a wastewater treatment facility based on the results of an energy efficiency audit of the wastewater treatment facility. (4) Amount of grant The amount of a grant made under this subsection shall not exceed $25,000. (5) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this subsection $5,000,000 for fiscal year 2021 and each fiscal year thereafter, of which not more than 4 percent each fiscal year shall be used for administrative costs. (e) Water and energy efficiency guarantees (1) In general Under the Program, the Secretary shall provide guarantees to eligible municipalities and Tribes to carry out 1 or more eligible projects described in paragraph (2). (2) Eligible projects An eligible project referred to in paragraph (1) is— (A) a project to convert waste in the treatment process of the wastewater treatment facility into renewable fuels, biosolids, or other byproducts, including— (i) predigestion solids treatment; (ii) installation of anaerobic digesters; (iii) biogas capture; (iv) energy transfer; (v) enhanced nutrient recovery; (vi) material feedstocks; (vii) facility upgrades and retrofits necessary to create or improve waste-to-energy systems; and (viii) other emerging technologies that transform waste to energy; and (B) a project that is being carried out pursuant to an existing plan that, as determined by the Secretary, will assist in transitioning a wastewater treatment facility towards the use of energy-efficient technologies. (3) Covered costs A guarantee provided under this subsection may be used for— (A) predevelopment costs associated with the eligible project or existing water and wastewater systems that are part of the eligible project, including energy assessments; and (B) construction and equipment costs incurred in carrying out an eligible project under this subsection. (4) Additional activity In providing guarantees under this subsection, the Secretary shall promote technologies to reduce pollution in wastewater, including enhanced nutrient recovery and other innovative technologies. (f) Small-Scale Extension Services Program In carrying out the Program, the Secretary shall establish a small-scale extension services program to provide assistance to rural communities through grants, outreach, training, and technical assistance regarding energy-efficient technologies at wastewater treatment facilities in eligible municipalities and Tribes. (g) Administration (1) Effect on State, Tribal, and local permits The provision of a grant or guarantee for an eligible project under the Program shall not— (A) relieve any recipient of the grant or guarantee of any obligation to obtain any required State, local, or Tribal permit or approval with respect to the project; (B) limit the right of any unit of State, local, or Tribal government to approve or regulate any rate of return on private equity invested in the project; or (C) otherwise supersede any State, local, or Tribal law (including any regulations) applicable to the construction or operation of the project. (2) Clean Water Act Nothing in this section precludes, preempts, or supersedes any requirement under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 (h) Reports As soon as practicable after the end of each fiscal year for which amounts are made available to carry out this section, the Secretary shall publish on a dedicated, publicly accessible internet website information describing— (1) with respect to that fiscal year— (A) each application received for assistance under the Program; (B) a list of the projects selected for assistance under the Program, including— (i) a description of each project; (ii) the amount of financial assistance provided for each project; and (iii) the basis for the selection of each project with respect to the requirements of this section; and (C) an overview of technical assistance and outreach activities provided during that fiscal year to— (i) each eligible municipality and Tribe; and (ii) wastewater treatment facilities serving populations of not more than 10,000; and (2) the technical assistance and outreach activities proposed to be provided over the next 2 fiscal years to the entities described in clauses (i) through (iii) of paragraph (1)(C). . (b) Clerical amendment The table of contents for the Energy Policy Act of 2005 ( Public Law 109–58 Sec. 1706. Water and Energy Efficiency Program. .
Wastewater Efficiency and Treatment Act of 2021
PPP Extension Act of 2021 This bill extends the Paycheck Protection Program, established to support small businesses in response to COVID-19 (i.e., coronavirus disease 2019), through June 30, 2021. Currently, the program is set to expire on March 31, 2021. For the final 30 days of the program (i.e., from June 1 until June 30), the Small Business Administration may only process applications submitted prior to June 1, and it may not accept any new loan applications.
116 S723 IS: PPP Extension Act of 2021 U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 723 IN THE SENATE OF THE UNITED STATES March 11, 2021 Ms. Collins Mr. Cardin Mrs. Shaheen Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act and the CARES Act to extend the covered period for the paycheck protection program, and for other purposes. 1. Short title This Act may be cited as the PPP Extension Act of 2021 2. Extension of covered period for paycheck protection program (a) In general Section 7(a)(36)(A)(iii) of the Small Business Act ( 15 U.S.C. 636(a)(36)(A)(iii) March 31, 2021 June 30, 2021 (b) Funding Section 1102(b)(1) of the CARES Act ( Public Law 116–136 Public Law 116–260 March 31, 2021 June 30, 2021 (c) Restriction From June 1, 2021, through June 30, 2021, the Administrator of the Small Business Administration shall not accept new lender applications for loans under paragraph (36) or (37) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a)
PPP Extension Act of 2021
CHAMPVA Children's Care Protection Act of 2021 This bill provides that a child shall be eligible for medical care under the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) until the child's 26th birthday, regardless of the child's marital status.
117 S727 IS: CHAMPVA Children's Care Protection Act of 2021 U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 727 IN THE SENATE OF THE UNITED STATES March 11, 2021 Mr. Brown Mr. Tester Mrs. Murray Mr. Sanders Mr. Blumenthal Mr. Durbin Mr. Murphy Ms. Stabenow Mr. Casey Ms. Baldwin Mr. Reed Mrs. Gillibrand Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to increase the maximum age for children eligible for medical care under the CHAMPVA program, and for other purposes. 1. Short title This Act may be cited as the CHAMPVA Children's Care Protection Act of 2021 2. Increase of maximum age for children eligible for medical care under champva program (a) Increase Subsection (c) of section 1781 of title 38, United States Code, is amended to read as follows: (c) (1) Notwithstanding clauses (i) and (iii) of section 101(4)(A) of this title and except as provided in paragraph (2), for purposes of this section, a child is eligible for benefits under subsection (a) until the child's 26th birthday, regardless of the child's marital status. (2) This subsection shall not be construed to limit eligibility for benefits under subsection (a) of a child described in section 101(4)(A)(ii) of this title. . (b) Effective date Subsection (c) of such section, as amended by subsection (a), shall apply with respect to medical care provided under such section on or after the date of the enactment of this Act.
CHAMPVA Children's Care Protection Act of 2021
COVID-19 Hate Crimes Act This bill requires a designated officer or employee of the Department of Justice (DOJ) to facilitate the expedited review of COVID-19 (i.e., coronavirus disease 2019) hate crimes and reports of COVID-19 hate crimes. It defines COVID-19 hate crime as a violent crime that is motivated by two things: (1) the actual or perceived characteristic (e.g., race or ethnicity) of any person, and (2) the actual or perceived relationship to the spread of COVID-19 of any person because of that characteristic. The bill requires DOJ to issue guidance for state and local law enforcement agencies on how to establish online hate crime reporting processes in multiple languages and how to expand culturally competent education campaigns. Additionally, DOJ and the Department of Health and Human Services must issue guidance on best practices for mitigating racially discriminatory language in describing the COVID-19 pandemic.
117 S728 IS: COVID–19 Hate Crimes Act U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 728 IN THE SENATE OF THE UNITED STATES March 11, 2021 Ms. Hirono Ms. Duckworth Mr. Blumenthal Mr. Booker Mrs. Feinstein Mr. Kaine Ms. Klobuchar Mr. Markey Mr. Menendez Mrs. Murray Mr. Padilla Ms. Rosen Mr. Van Hollen Ms. Cantwell Mr. Durbin Mr. Warner Committee on the Judiciary A BILL To facilitate the expedited review of COVID–19 hate crimes, and for other purposes. 1. Short title This Act may be cited as the COVID–19 Hate Crimes Act 2. Review of COVID–19 hate crimes (a) In general Not later than 14 days after the date of enactment of this Act, the Attorney General shall designate an officer or employee of the Department of Justice whose sole responsibility during the applicable period shall be to facilitate the expedited review of COVID–19 hate crimes and reports of any such crime to Federal, State, or local law enforcement agencies. (b) Definitions In this section: (1) Applicable period The term applicable period 42 U.S.C. 1320b–5(g)(1) (2) COVID–19 hate crime The term COVID–19 hate crime (A) the actual or perceived race, ethnicity, age, color, religion, national origin, sexual orientation, gender, gender identity, or disability of any person; and (B) the actual or perceived relationship to the spread of COVID–19 of any person because of the characteristic described in subparagraph (A). 3. Guidance (a) Guidance for law enforcement agencies The Attorney General shall issue guidance for State and local law enforcement agencies on how to— (1) establish online reporting of hate crimes or incidents, and to have online reporting available in multiple languages as determined by the Attorney General; and (2) expand culturally competent and linguistically appropriate public education campaigns, and collection of data and public reporting of hate crimes. (b) Guidance relating to COVID–19 pandemic The Attorney General and the Secretary of Health and Human Services, in coordination with the COVID–19 Health Equity Task Force and community-based organizations, shall issue guidance describing best practices to mitigate racially discriminatory language in describing the COVID–19 pandemic.
COVID–19 Hate Crimes Act
Educational Equity Challenge Grant Act of 2021 This bill establishes a program through which the Department of Education must award grants to eligible entities (e.g., state and local educational agencies) to address students' academic, social, emotional, mental, behavioral, and physical health needs related to the COVID-19 (i.e., coronavirus disease 2019) pandemic.
117 S729 IS: Educational Equity Challenge Grant Act of 2021 U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 729 IN THE SENATE OF THE UNITED STATES March 11, 2021 Ms. Warren Mr. Blumenthal Mr. Markey Mr. Murphy Mr. Wyden Committee on Health, Education, Labor, and Pensions A BILL To establish an Educational Equity Challenge Grant program administered by the Department of Education. 1. Short title This Act may be cited as the Educational Equity Challenge Grant Act of 2021 2. Educational equity challenge grant program (a) Definitions In this section: (1) Educational service agency The term educational service agency 20 U.S.C. 7801 (2) Eligible entity The term eligible entity (A) means— (i) a local educational agency; (ii) a consortium of local educational agencies; (iii) a State educational agency; (iv) an educational service agency; (v) a partnership between a nonprofit organization, including a provider of early childhood education, an institution of higher education, a community-based organization, or a national intermediary, and 1 or more local educational agencies; or (vi) the Bureau of Indian Education; and (B) shall not include any for-profit entity. (3) Institution of higher education The term institution of higher education 20 U.S.C. 1001 (4) Local educational agency The term local educational agency 20 U.S.C. 7801 (5) Secretary The term Secretary (6) State educational agency The term State educational agency 20 U.S.C. 7801 (b) Establishment of program The Secretary shall establish an Educational Equity Challenge Grant program through which the Secretary awards grants to eligible entities to— (1) adopt and implement evidence-based activities, strategies, and interventions to address academic, social-emotional, mental, behavioral, and physical health needs associated with the COVID–19 pandemic that meet the standard of evidence described in section 8101(21)(A)(i) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(21)(A)(i) (2) design or replicate and implement field- and educator-initiated proposals to address academic, social-emotional, mental, behavioral, and physical health needs associated with the COVID–19 pandemic that— (A) are independently evaluated by the grantee for efficacy; and (B) meet the standard of evidence described in section 8101(21)(A)(i) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(21)(A)(i) (c) Allocation of funds (1) Administrative expenses The Secretary may use not more than 5 percent of funds available to carry out this section for administration of the Educational Equity Challenge Grant program, including technical assistance, collaboration with other relevant agencies, and dissemination of best practices. (2) Reservation for tribes From amounts appropriated to carry out this section for a fiscal year and not used under paragraph (1), the Secretary shall reserve 5 percent to award grants to the outlying areas and the Bureau of Indian Education to carry out activities described in this section in schools operated or funded by the Bureau of Indian Education. (3) Evidence-based and field-initiated proposals From the funds remaining after carrying out paragraphs (1) and (2), in awarding grants under this section, the Secretary shall ensure that— (A) 75 percent of the grant funds are awarded to evidence-based proposals, as described in subsection (b)(1); and (B) 25 percent of the grant funds are awarded to field- and educator-initiated proposals, as described in subsection (b)(2). (4) Rural areas (A) In general From the funds remaining after carrying out paragraphs (1) and (2), in awarding grants under this section, the Secretary shall ensure that not less than 25 percent of the grant funds are awarded to eligible entities— (i) that have a locale code of 32, 33, 41, 42, or 43, as determined by the Secretary; or (ii) for which a majority of the schools to be served by the program funded by the grant awarded under this section to such an eligible entity are designated with a locale code of 32, 33, 41, 42, or 43, or a combination of such codes, as determined by the Secretary. (B) Exception Notwithstanding subparagraph (A), the Secretary shall reduce the amount of funds made available under such subparagraph if the Secretary does not receive a sufficient number of applications of sufficient quality. (5) Low-income students (A) In general From the funds remaining after carrying out paragraphs (1) and (2), in awarding grants under this section, the Secretary shall ensure that not less than 50 percent of the grant funds are awarded to eligible entities that serve student populations in which 20 percent or more of school-age children live in low-income families, according to the most recent Small Area Income and Poverty Estimates of the Bureau of the Census. (B) Exception Notwithstanding subparagraph (A), the Secretary shall reduce the amount of funds made available under such subparagraph if the Secretary does not receive a sufficient number of applications of sufficient quality. (6) Rural and low-income students An eligible entity that is described in paragraph (4)(A) and also described in paragraph (5)(A) may count as an eligible entity under both paragraphs for purposes of the requirements under such paragraphs. (d) Publication of application Not later than 60 days after the date of enactment of this Act, the Secretary shall— (1) publish the applications for grants under this section; and (2) post on the public website of the Department of Education resources regarding identified evidence-based activities, strategies, and interventions. (e) Applications An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including the following: (1) Identification by the eligible entity of the inequities experienced by students during the COVID–19 pandemic, including the impact on academic progress and social-emotional, mental, behavioral, and physical health needs, identified through trauma-informed academic, social-emotional, and health needs assessments or assessments used in multi-tiered systems of support. Where possible, applicants shall utilize existing assessments and validated tools, such as surveys, to avoid duplicative or excessive student testing. (2) The differential impact of the COVID–19 pandemic on increased academic, social-emotional, mental, and physical health needs for specific groups of students, including low-income students, students of color and Native American students, homeless students, migrant students, students in foster care, English learners, students involved with the juvenile justice system, and students with disabilities, and other specific groups identified in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(B)(xi) (3) The evidence-based strategies the eligible entity will use to address these inequities if applying for a grant described in subsection (b)(1). (4) How academic, social-emotional, mental, behavioral, and physical health, access to accelerated student learning and mastery of content, and related outcomes will be measured, including how the eligible entity will use existing assessments and validated tools, such as surveys, to avoid duplicative or excessive student testing. (5) How the eligible entity will partner and seek ongoing feedback with the parents, families, teachers, paraprofessionals, local stakeholders, and community members, including those from marginalized communities, to identify academic, social-emotional, mental, behavioral, and physical health needs of students and collaborate on provision of high-quality services where appropriate. (6) How the proposed strategies and interventions will accelerate student learning, promote mastery of content, and expand student access to and opportunity for well-rounded, culturally and linguistically responsive, and rigorous standards-aligned curricula. (7) Identification by the eligible entity of the mental and physical health impacts on school staff during the COVID–19 pandemic. (8) A proposed detailed budget, including how the applicant plans to distribute funds among schools and groups of students identified as highest need. (9) For eligible entities that intend to carry out field- and educator-initiated proposals described in subsection (b)(2), a proposal for conducting an independent evaluation of the effectiveness of the proposal. (f) Priority In awarding grants under this section, the Secretary shall give priority to applicants serving disproportionately higher percentages of high-need students, including low-income students, students of color and Native American students, homeless students, migrant students, students in foster care, English learners, students involved with the juvenile justice system, students with disabilities, and students that have been disproportionately affected by COVID–19. (g) Uses of funds An eligible entity that receives a grant under this section shall carry out 1 of the following: (1) Implementation of evidence-based activities, strategies, and interventions that meet the requirements described in section 8101(21)(A)(i) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(21)(A)(i) (A) Developing, administering, and using high-quality, universally designed assessments that are valid and reliable, to accurately assess students’ academic needs and progress and assist educators in meeting students’ academic needs, including through differentiating instruction, progress monitoring, and providing professional development on how to develop universally designed, high-quality assessments that are aligned with curricula or how to effectively implement and use existing high-quality assessments for these purposes. (B) Supporting social and emotional learning, including through integrated systems of support, counseling, and the explicit teaching of cognitive, social, and emotional skills and competencies, by building social and emotional instruction into all classes, and which may include instituting restorative practices. (C) Implementing school- and district-wide practices that support students holistically, including mental health services, early intervention and prevention practices, trauma-informed practices, and efforts to improve family engagement and staff well-being. (D) Implementing culturally and linguistically responsive practices. (E) Extending instructional time, which may include— (i) before or after school programs and extending the school day or year, including through summer learning programs; or (ii) high-quality distance instruction, during non-traditional school days and hours (including during the summer), including providing professional development to support effective, personalized instruction. (F) Implementing high-quality structured individual or small group tutoring. (G) Implementing and providing professional development on the use of rigorous, culturally and linguistically competent, universally designed, and well-rounded curriculum. (H) Recruiting and supporting racially, ethnically, culturally, and linguistically diverse, well-prepared educators, including those with disabilities, through comprehensive State-accredited teacher preparation programs. (I) Implementing programs that promote school racial and socioeconomic integration and diversity and effective inclusion of students with disabilities. (2) Design or replication and implementation of field- and educator-initiated proposals— (A) that meet the standard of evidence described in section 8101(21)(A)(ii) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(21)(A)(ii) (B) that demonstrate a promising approach; (C) that include family and educator input into their design and implementation; and (D) that include activities, strategies, or interventions that are independently evaluated and published by the grantee for efficacy. (h) Rule of construction for collective bargaining Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to school or local educational agency employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employers and their employees. (i) Independent evaluations An eligible entity that receives a grant for activities described in subsection (b)(2) shall— (1) conduct an independent evaluation for efficacy, which shall— (A) estimate the impact of the interventions carried out under the grant (as implemented at the proposed level of scale on a relevant outcome for individual groups of students); and (B) be made broadly available digitally and free of charge, through formal (including peer-reviewed journals) and informal (including newsletters) mechanisms and through posting on the Department of Education’s public website; and (2) cooperate with any technical assistance provided by the Department of Education or the contractor of the Department and comply with the requirements of any evaluation of the program conducted by the Department. (j) Reports (1) Grantees An eligible entity that receives a grant under this section shall submit an annual report to the Secretary describing— (A) the proposed and actual uses of funds, including a description of how much funding supported which evidence-based interventions; (B) how funds were used and their effect on student access to accelerated student learning, mastery of content and social-emotional, mental, behavioral, and physical health outcomes, which may include success measures such as school culture surveys, workplace culture surveys, family feedback, and existing diagnostic or formative assessments, disaggregated by the specific groups identified in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(B)(xi) (C) how the State educational agency or local educational agency distributed funds, including any formula or methodology that was used, to schools served by such agency to meet the academic, social-emotional, mental, behavioral, and physical health needs of students who have been disproportionately affected by COVID–19 and school closures, including students from low-income families, children with disabilities, English learners, students of color, students experiencing homelessness, children and youth in foster care, migrant children, and students involved with the juvenile justice system; and (D) how the grant funds were supplemented with State and local funds targeted to disproportionately affected students as described in subparagraph (B), including funds appropriated through State formula grants to local educational agencies. (2) Reports to Congress Beginning 1 year after the first grants are awarded under this section, and annually thereafter, the Secretary shall submit and digitally publish a report to Congress detailing— (A) the basis on which grants were awarded; (B) eligible entities that received grants and amount of funding received by each grantee; (C) the proposed and actual uses of funds, including a description of how much funding supported which evidence-based interventions; (D) available outcomes related to student learning and social-emotional, mental, behavioral, and physical health, disaggregated by the specific groups identified in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(B)(xi) (E) the technical assistance activities of the Department of Education and costs of these activities, dissemination costs, and costs of other activities supported by the set-aside for the Department of Education. (k) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) $15,000,000,000 for each of the fiscal years 2021 through 2023; (2) $10,000,000,000 for each of the fiscal years 2024 through 2027; and (3) $5,000,000,000 for each of the fiscal years 2028 through 2030.
Educational Equity Challenge Grant Act of 2021
American Security Drone Act of 2021 This bill bans the procurement or use by the federal government of unmanned aircraft systems (UAS) that are manufactured or assembled by certain entities, including entities subject to influence or control by China, with exceptions. The ban includes associated elements that are required for the operator to operate safely and efficiently in the national airspace system. The Department of Homeland Security, the Department of Defense, and the Department of Justice are exempt from the restriction under specified circumstances. The bill sets forth further exemptions regarding the Federal Aviation Administration, the National Transportation Safety Board, and the National Oceanic Atmospheric Administration. Federal funds may not be used to procure certain UAS from a foreign entity, with exceptions. All executive agencies must account for existing inventories of UAS manufactured or assembled by a foreign entity in their personal property accounting systems. Inventory data related to UAS manufactured or assembled by a foreign entity may be tracked at a classified level. The Federal Acquisition Regulatory Council shall prescribe regulations or guidance to implement this bill's requirements pertaining to federal contracts. Government-issued purchase cards may not be used to procure any UAS from a foreign entity. The Office of Management and Budget shall (1) establish a government-wide policy for the procurement of UAS, taking into account information security; and (2) contract with a federally funded research and development center to study certain UAS-related issues.
117 S73 IS: American Security Drone Act of 2021 U.S. Senate 2021-01-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 73 IN THE SENATE OF THE UNITED STATES January 27, 2021 Mr. Scott of Florida Mr. Rubio Mr. Cotton Mrs. Blackburn Mr. Blumenthal Mr. Murphy Mr. Hawley Committee on Homeland Security and Governmental Affairs A BILL To ban the Federal procurement of certain drones and other unmanned aircraft systems, and for other purposes. 1. Short title This Act may be cited as the American Security Drone Act of 2021 2. Definitions In this Act: (1) Covered foreign entity The term covered foreign entity (A) An entity included on the Consolidated Screening List. (B) Any entity that is subject to extrajudicial direction from a foreign government, as determined by the Secretary of Homeland Security. (C) Any entity the Secretary of Homeland Security, in coordination with the Director of National Intelligence and the Secretary of Defense, determines poses a national security risk. (D) Any entity domiciled in the People's Republic of China or subject to influence or control by the Government of the People Republic of China or the Communist Party of the People’s Republic of China, as determined by the Secretary of Homeland Security. (E) Any subsidiary or affiliate of an entity described in subparagraphs (A) through (D). (2) Covered unmanned aircraft system The term covered unmanned aircraft system unmanned aircraft system 3. Prohibition on procurement of covered unmanned aircraft systems from covered foreign entities (a) In general Except as provided under subsections (b) though (f), the head of an executive agency may not procure any covered unmanned aircraft system that are manufactured or assembled by a covered foreign entity, which includes associated elements (consisting of communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system. The Federal Acquisition Security Council, in coordination with the Secretary of Transportation, shall develop and update a list of associated elements. (b) Exemption The Secretary of Homeland Security, the Secretary of Defense, and the Attorney General are exempt from the restriction under subsection (a) if the operation or procurement— (1) is for the sole purposes of research, evaluation, training, testing, or analysis for— (A) electronic warfare; (B) information warfare operations; (C) development of UAS or counter-UAS technology; (D) counterterrorism or counterintelligence activities; or (E) Federal criminal or national security investigations, including forensic examinations; and (2) is required in the national interest of the United States. (c) Federal Aviation Administration Center of Excellence for Unmanned Aircraft Systems exemption The Secretary of Transportation, in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation or procurement is for the sole purposes of research, evaluation, training, testing, or analysis for the Federal Aviation Administration’s Alliance for System Safety of UAS through Research Excellence (ASSURE) Center of Excellence (COE) for Unmanned Aircraft Systems. (d) National Transportation Safety Board exemption The National Transportation Safety Board (NTSB), in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation or procurement is necessary for the sole purpose of conducting safety investigations. (e) National Oceanic Atmospheric Administration exemption The Administrator of the National Oceanic Atmospheric Administration (NOAA), in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation or procurement is necessary for the sole purpose of marine or atmospheric science or management. (f) Waiver The head of an executive agency may waive the prohibition under subsection (a) on a case-by-case basis— (1) with the approval of the Secretary of Homeland Security or the Secretary of Defense; and (2) upon notification to Congress. 4. Prohibition on operation of covered unmanned aircraft systems from covered foreign entities (a) Prohibition (1) In general Beginning on the date that is 2 years after the date of the enactment of this Act, no Federal department or agency may operate a covered unmanned aircraft system manufactured or assembled by a covered foreign entity. (2) Applicability to contracted services The prohibition under paragraph (1) applies to any covered unmanned aircraft systems that are being used by any executive agency through the method of contracting for the services of covered unmanned aircraft systems. (b) Exemption The Secretary of Homeland Security, the Secretary of Defense, and the Attorney General are exempt from the restriction under subsection (a) if the operation or procurement— (1) is for the sole purposes of research, evaluation, training, testing, or analysis for— (A) electronic warfare; (B) information warfare operations; (C) development of UAS or counter-UAS technology; (D) counterterrorism or counterintelligence activities; or (E) Federal criminal or national security investigations, including forensic examinations; and (2) is required in the national interest of the United States. (c) Federal Aviation Administration Center of Excellence for Unmanned Aircraft Systems exemption The Secretary of Transportation, in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation or procurement is for the sole purposes of research, evaluation, training, testing, or analysis for the Federal Aviation Administration’s Alliance for System Safety of UAE through Research Excellence (ASSURE) Center of Excellence (COE) for Unmanned Aircraft Systems. (d) National Transportation Safety Board exemption The National Transportation Safety Board (NTSB), in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation or procurement is necessary for the sole purpose of conducting safety investigations. (e) National Oceanic Atmospheric Administration exemption The Administrator of the National Oceanic Atmospheric Administration (NOAA), in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation or procurement is necessary for the sole purpose of marine or atmospheric science or management. (f) Waiver The head of an executive agency may waive the prohibition under subsection (a) on a case-by-case basis— (1) with the approval of the Secretary of Homeland Security or the Secretary of Defense; and (2) upon notification to Congress. (g) Regulations and guidance Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall prescribe regulations or guidance to implement this section. 5. Prohibition on use of Federal funds for purchases and operation of covered unmanned aircraft systems from covered foreign entities (a) In general Beginning on the date that is 2 years after the date of the enactment of this Act, except as provided in subsection (b), no Federal funds awarded through a contract, grant, or cooperative agreement, or otherwise made available may be used— (1) to purchase a covered unmanned aircraft system, or a system to counter unmanned aircraft systems, that is manufactured or assembled by a covered foreign entity; or (2) in connection with the operation of such a drone or unmanned aircraft system. (b) Exemption A Federal department or agency is exempt from the restriction under subsection (a) if— (1) the contract, grant, or cooperative agreement was awarded prior to the date of the enactment of this Act; or (2) the operation or procurement is for the sole purposes of research, evaluation, training, testing, or analysis, as determined by the Secretary of Homeland Security, the Secretary of Defense, or the Attorney General, for— (A) electronic warfare; (B) information warfare operations; (C) development of UAS or counter-UAS technology; (D) counterterrorism or counterintelligence activities; or (E) Federal criminal or national security investigations, including forensic examinations; or (F) the safe integration of UAS in the national airspace (as determined in consultation with the Secretary of Transportation); and (3) is required in the national interest of the United States. (c) Waiver The head of an executive agency may waive the prohibition under subsection (a) on a case-by-case basis— (1) with the approval of the Secretary of Homeland Security or the Secretary of Defense; and (2) upon notification to Congress. (d) Regulations Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall prescribe regulations or guidance, as necessary, to implement the requirements of this section pertaining to Federal contracts. 6. Prohibition on use of Government-issued Purchase Cards to purchase covered unmanned aircraft systems from covered foreign entities Effective immediately, Government-issued Purchase Cards may not be used to procure any covered unmanned aircraft system from a covered foreign entity. 7. Management of existing inventories of covered unmanned aircraft systems from covered foreign entities (a) In general Effective immediately, all executive agencies must account for existing inventories of covered unmanned aircraft systems manufactured or assembled by a covered foreign entity in their personal property accounting systems, regardless of the original procurement cost, or the purpose of procurement due to the special monitoring and accounting measures necessary to track the items' capabilities. (b) Classified tracking Due to the sensitive nature of missions and operations conducted by the United States Government, inventory data related to covered unmanned aircraft systems manufactured or assembled by a covered foreign entity may be tracked at a classified level. (c) Exceptions The Department of Defense and Department of Homeland Security may exclude from the full inventory process, covered unmanned aircraft systems that are deemed expendable due to mission risk such as recovery issues or that are one-time-use covered unmanned aircraft due to requirements and low cost. 8. Comptroller General report Not later than 275 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the amount of commercial off-the-shelf drones and covered unmanned aircraft systems procured by Federal departments and agencies from covered foreign entities. 9. Government-wide policy for procurement of unmanned aircraft systems (a) In general Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in coordination with the Department of Homeland Security, Department of Transportation, the Department of Justice, and other Departments as determined by the Director of the Office of Management and Budget, and in consultation with the National Institute of Standards and Technology, shall establish a government-wide policy for the procurement of UAS— (1) for non-Department of Defense and non-intelligence community operations; and (2) through grants and cooperative agreements entered into with non-Federal entities. (b) Information security The policy developed under subsection (a) shall include the following specifications, which to the extent practicable, shall be based on industry standards and technical guidance from the National Institute of Standards and Technology, to address the risks associated with processing, storing and transmitting Federal information in a UAS: (1) Protections to ensure controlled access of UAS. (2) Protecting software, firmware, and hardware by ensuring changes to UAS are properly managed, including by ensuring UAS can be updated using a secure, controlled, and configurable mechanism. (3) Cryptographically securing sensitive collected, stored, and transmitted data, including proper handling of privacy data and other controlled unclassified information. (4) Appropriate safeguards necessary to protect sensitive information, including during and after use of UAS. (5) Appropriate data security to ensure that data is not transmitted to or stored in non-approved locations. (6) The ability to opt out of the uploading, downloading, or transmitting of data that is not required by law or regulation and an ability to choose with whom and where information is shared when it is required. (c) Requirement The policy developed under subsection (a) shall reflect an appropriate risk-based approach to information security related to use of UAS. (d) Revision of acquisition regulations Not later than 180 days after the date on which the policy required under subsection (a) is issued— (1) the Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation, as necessary, to implement the policy; and (2) any Federal department or agency or other Federal entity not subject to, or not subject solely to, the Federal Acquisition Regulation shall revise applicable policy, guidance, or regulations, as necessary, to implement the policy. (e) Exemption In developing the policy required under subsection (a), the Director of the Office of Management and Budget shall incorporate an exemption to the policy for the following reasons: (1) In the case of procurement for the purposes of training, testing, or analysis for— (A) electronic warfare; or (B) information warfare operations. (2) In the case of researching UAS technology, including testing, evaluation, research, or development of technology to counter UAS. (3) In the case of a head of the procuring department or agency determining, in writing, that no product that complies with the information security requirements described in subsection (b) is capable of fulfilling mission critical performance requirements, and such determination— (A) may not be delegated below the level of the Deputy Secretary of the procuring department or agency; (B) shall specify— (i) the quantity of end items to which the waiver applies, the procurement value of which may not exceed $50,000 per waiver; and (ii) the time period over which the waiver applies, which shall not exceed 3 years; (C) shall be reported to the Office of Management and Budget following issuance of such a determination; and (D) not later than 30 days after the date on which the determination is made, shall be provided to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives. 10. Study (a) Independent study Not later than 3 years after the date of the enactment of this Act, the Director of the Office of Management and Budget shall seek to enter into a contract with a federally funded research and development center under which the center will conduct a study of— (1) the current and future unmanned aircraft system global and domestic market; (2) the ability of the unmanned aircraft system domestic market to keep pace with technological advancements across the industry; (3) the ability of domestically made unmanned aircraft systems to meet the network security and data protection requirements of the national security enterprise; (4) the extent to which unmanned aircraft system component parts, such as the parts described in section 3, are made domestically; and (5) an assessment of the economic impact, including cost, of excluding the use of foreign-made UAS for use across the Federal Government. (b) Submission to OMB Upon completion of the study in subsection (a), the federally funded research and development center shall submit the study to the Director of the Office of Management and Budget. (c) Submission to Congress Not later than 30 days after the date on which the Director of the Office of Management and Budget receives the study under subsection (b), the Director shall submit the study to— (1) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate; and (2) the Committee on Homeland Security and the Committee on Oversight and Reform and the Permanent Select Committee on Intelligence of the House of Representatives. 11. Sunset Sections 3, 4, and 5 shall cease to have effect on the date that is 5 years after the date of the enactment of this Act.
American Security Drone Act of 2021
Department of Veterans Affairs Information Technology Reform Act of 2021 This bill addresses the management and implementation of information technology projects and investments of the Department of Veterans Affairs (VA). Specifically, the bill prohibits the VA from obligating or expending funds for any major information technology project that begins after the date of enactment of this bill unless a report is submitted that includes information on the cost, schedule, and performance of the project. The information in the report must be used as a baseline against which changes or variances are measured and reported on during the life cycle of the project. Projects must be managed by an interdisciplinary team that includes a certified project manager, a functional lead, a technical lead, a contracting officer, and other appropriate personnel. The VA's Chief Information Officer must (1) exercise authority over the management, governance, and oversight processes relating to information technology of the VA's Financial Services Center; and (2) supervise the information technology employees and contractors of the center. The VA must ensure its annual budget justification materials include a list of its active information technology projects and specified information about such projects, projected funding needs for projects, a prioritized list of every proposed project that is unfunded, and information about the decommissioning of information technology systems and applications. Finally, the VA must assess all of its information technology investments to determine the suitability for migration to a cloud computing service.
117 S731 IS: Department of Veterans Affairs Information Technology Reform Act of 2021 U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 731 IN THE SENATE OF THE UNITED STATES March 11, 2021 Mr. Tester Mr. Moran Ms. Sinema Mrs. Blackburn Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to improve the management of information technology projects and investments of the Department of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Department of Veterans Affairs Information Technology Reform Act of 2021 2. Management of major information technology projects (a) In general Chapter 81 VI Information technology projects and activities 8171. Definitions In this subchapter: (1) The term appropriate congressional committees (A) the Committee on Veterans' Affairs and the Subcommittee on Military Construction, Veterans Affairs and Related Agencies of the Committee on Appropriations of the Senate; and (B) the Committee on Veterans’ Affairs and the Subcommittee on Military Construction, Veterans Affairs and Related Agencies of the Committee on Appropriations of the House of Representatives. (2) The term information technology (3) The term information technology project (4) The term life cycle costs (5) The term major information technology project (A) the project is designated— (i) by the Secretary or the Chief Information Officer of the Department as a major information technology project; or (ii) by the Director of the Office of Management and Budget as a major information technology investment, as defined in section 11302 of title 40; (B) the dollar value of the project or program is estimated by the Secretary to exceed— (i) $50,000,000 (as adjusted for inflation pursuant to section 1908 of title 41) for all project costs in a single fiscal year; (ii) $200,000,000 (as adjusted for inflation pursuant to section 1908 of title 41) for all project acquisition or implementation costs for the duration of the project; or (iii) $500,000,000 (as adjusted for inflation pursuant to section 1908 of title 41) for the total life cycle costs of the project; or (C) any increment of the project separately meets the requirements of subparagraphs (A) or (B). 8172. Management of major information technology projects (a) Cost, schedule, and performance information (1) The Secretary may not obligate or expend funds for any major information technology project that begins after the date of the enactment of the Department of Veterans Affairs Information Technology Reform Act of 2021 (2) Each report submitted under paragraph (1) for a project shall include, with respect to such project, the following: (A) An estimate of acquisition, implementation, and life cycle costs. (B) An intended implementation schedule indicating significant milestones, initial operating capability, and full operating capability or completion. (C) Key business, functional, and performance objectives. (b) Baseline (1) The Secretary shall use the information on the cost, schedule, and performance of a major information technology project included in the report under subsection (a) as the baseline against which changes or variances are measured during the life cycle of such project. (2) The Secretary shall— (A) annually update the baseline of a major information technology project pursuant to subsection (c); and (B) include such updated baseline in the documents providing detailed information on the budget for the Department that the Secretary submits to Congress in conjunction with the President's budget submission pursuant to section 1105 of title 31. (c) Changes and variances (1) Not later than 60 days after the date on which the Secretary identifies a change or variance described in paragraph (2) in the cost, schedule, or performance of a major information technology project, the Secretary, acting through the Chief Information Officer, shall submit to the appropriate congressional committees a notification of such change or variance, including a description and explanation for such change or variance. (2) A change or variance in the cost, schedule, or performance of a major information technology project described in this paragraph is— (A) with respect to the acquisition, implementation, or life cycle cost of the project, or an increment therein, a change or variance that is 10 percent or greater compared to the baseline; (B) with respect to the schedule for achieving a significant milestone, initial operating capability, or final completion of the project, a change or variance that is 180 days or greater compared to the baseline; or (C) with respect to the performance, an instance where a key business, functional, or performance objective is not attained, or is not anticipated to be attained, in whole or in part. (d) Management The Secretary shall ensure that each major information technology project is managed by an interdisciplinary team consisting of the following: (1) A project manager who is— (A) certified in project management at level three by the Department or the Department of Defense pursuant to section 1701a of title 10, or who holds an equivalent certification by a private sector project management certification organization, as determined appropriate by the Secretary; and (B) an employee of the Office of Information and Technology of the Department or an employee of an element of the Department at which the project originates. (2) A functional lead who is an employee of the element of the Department at which the project originates. (3) A technical lead who is an employee of the Office of Information and Technology of the Department. (4) A contracting officer. (5) Sufficient other project management, functional, technical, and procurement personnel as the Secretary determines appropriate. 8173. Information technology activities of the Financial Services Center (a) Management Consistent with sections 11302 and 11319 of title 40— (1) the Chief Information Officer of the Department shall— (A) exercise authority over the management, governance, and oversight processes relating to information technology of the Financial Services Center of the Department, or such successor office; and (B) supervise the information technology employees and contractors of the Financial Services Center; and (2) the Director of the Financial Services Center of the Department, or the head of such successor office, may not enter into a contract or other agreement for information technology or information technology services unless the contract or other agreement has been reviewed and approved by the Chief Information Officer. (b) Oversight The Chief Information Officer shall have oversight and operational authority over all information security practices of the Financial Services Center of the Department. 8174. Submission of annual reviews of information technology (a) In general The Secretary, acting through the Chief Information Officer of the Department, shall submit to the appropriate congressional committees each annual review of the information technology portfolio of the Department conducted pursuant to section 11319(d)(3) of title 40. (b) First submission The first annual review submitted under subsection (a) shall include a copy of each previous annual review conducted under section 11319(d)(3) of title 40. 8175. Information technology matters to be included in budget justification materials for the Department (a) List of information technology projects in effect (1) The Secretary shall ensure that whenever the budget justification materials are submitted to Congress in support of the Department budget for a fiscal year (as submitted with the budget of the President for such fiscal year under section 1105(a) of title 31), such budget justification materials include a list of every information technology project currently in effect at the Department. (2) Each list included under paragraph (1) shall include, for each information technology project included in the list, the following: (A) The expenditures to date. (B) Planned expenditures for the upcoming fiscal year. (C) The scheduled completion date. (D) Any known deviation from the schedule, such as whether the information technology project is behind schedule. (E) The planned or actual functionality delivered. (b) Prioritized list of unfunded projects (1) In addition to the list included in the budget justification materials required by subsection (a), the Secretary shall ensure that the budget justification materials described in such subsection also include a prioritized list, in rank order, of every proposed project of the Department that is unfunded as of the time of the inclusion of the list under this paragraph. (2) In producing the list required by paragraph (1), the Secretary shall— (A) ensure such list represents a ranking of all proposed projects that reflects the needs of all components of the Department; (B) produce one unified list for the entire Department that shows how the various proposed projects of each of the components of the Department rank in priority with the projects of the other components of the Department; and (C) ensure that the list— (i) does not disaggregate and rank projects based on component of the Department; and (ii) does identify the component of the Department requesting the information technology project. (3) (A) In producing each list under paragraph (1), the Secretary shall prioritize and rank each information technology project based on an assessment of each of the following factors: (i) Tangible benefits to veterans created or produced by the information technology project. (ii) Operational or efficiency benefits to employees of the Department created or produced by the information technology project. (iii) The cost of the information technology project. (iv) The cost savings or cost avoidance yielded by the information technology project. (v) Time to completion of the information technology project. (vi) The difficulty of the information technology project, the likelihood the information technology project will be completed, or the risks associated with undertaking the information technology project. (vii) Such other factors as the Secretary considers appropriate. (B) The Secretary shall ensure that each list produced under paragraph (1) includes, for each information technology project included in the list, a brief description of the findings of the Secretary with respect to each assessment carried out by the Secretary for each factor for the information technology project under subparagraph (A). (c) Projected funding needs (1) In addition to the matters included under subsections (a) and (b), the Secretary shall ensure that the budget justification materials described in subsection (a) also include a projection of the one-year, five-year, and 10-year funding needs of the Department for information technology, disaggregated by major business line of the Department that requires the funding. (2) In addition to the projections under paragraph (1), the Secretary shall include a description of the following, with respect to each of the periods set forth in such paragraph, disaggregated by major business line of the Department: (A) The information technology infrastructure and equipment requirements. (B) The funding required for development. (C) The funding required for operations and maintenance. (D) The funding required by cybersecurity. (E) Such other categories of the information technology needs of the Department as the Secretary considers relevant and important. (d) Decommissioning of information technology systems (1) In addition to the matters included under subsections (a), (b), and (c), the Secretary shall ensure that the budget justification materials described in subsection (a) also include information about the decommissioning of information technology systems and applications of the Department. (2) Information included under paragraph (1) shall include the following: (A) A list of information systems and applications of the Department that have been scheduled for decommissioning or the Secretary proposes decommissioning. (B) For each information technology system and application listed under subparagraph (A), the following: (i) The cost of maintaining the information technology system or application. (ii) A projection of the cost avoided if the information technology system or application were to be decommissioned. (iii) A schedule for decommissioning the information technology system or application. (iv) Whether a transition plan for the functionality of the information technology system or application to be provided, when appropriate, by other information technology systems or applications of the Department has been developed. (v) Performance data regarding whether the Department has decommissioned the information technology system or application that was set forth under clause (iii) in the budget justification materials for the previous fiscal year. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following: SUBCHAPTER VI—Information technology projects and activities Sec. 8171. Definitions. Sec. 8172. Management of major information technology projects. Sec. 8173. Information technology activities of the Financial Services Center. Sec. 8174. Submission of annual reviews of information technology. Sec. 8175. Information technology matters to be included in budget justification materials for the Department. . (c) Application; report (1) Current and new projects Except as specifically provided in subsection (a) of section 8172 of title 38, United States Code, as added by subsection (a) of this section, such section 8172 shall apply with respect to major information technology projects that begin before, on, or after the date of the enactment of this Act. (2) Report on current projects (A) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate congressional committees a report on each major information technology project that the Secretary is carrying out as of the date of the report. (B) Contents The report submitted under subparagraph (A) shall contain, with respect to each project described in such subparagraph, information on the cost, schedule, and performance of the project as described in subsection (a) of section 8172 of such title, as so added. (3) Definitions In this subsection, the terms appropriate congressional committees major information technology project (d) Effective date of requirement for projects in budget justification materials Subsection (c) of section 8175 of such title, as added by subsection (a) of this section, shall take effect on the first Monday in the second January beginning after the date of the enactment of this Act. (e) Effective date of decommissioning performance element of budget justification materials Clause (v) of section 8175(d)(2)(B) of such title, as added by subsection (a) of this section, shall take effect on the first Monday in the second January beginning after the date of the enactment of this Act. 3. Assessment of suitability of cloud migration investments (a) Assessment Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, acting through the Chief Information Officer of the Department of Veterans Affairs, shall conduct an assessment, in accordance with guidance from the Office of Management and Budget, of all information technology investments of the Department of Veterans Affairs to determine the suitability of the investments for migration to a cloud computing service. (b) Consistent mechanism The Secretary, acting through the Chief Information Officer, shall establish a consistent and repeatable mechanism to track savings and cost avoidances from— (1) the migration of information technology investments to cloud computing services; and (2) the deployment of cloud computing services. 4. Report on information technology dashboard information (a) Report Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, acting through the Chief Information Officer of the Department of Veterans Affairs, shall submit to the appropriate congressional committees a report containing— (1) an explanation of the ratings, rankings, and risk categorizations used by the Chief Information Officer pursuant to subparagraph (C) of section 11302(c)(3) of title 40, United States Code, with respect to the information technology dashboard of the Office of Management and Budget developed under such section; and (2) copies of supporting or explanatory information provided by the Chief Information Officer to the Office of Management and Budget with respect to submissions by the Chief Information Officer to the information technology dashboard for the fiscal year in which the report is submitted (other than information not otherwise made public pursuant to such section). (b) Appropriate congressional committees defined In this section, the term appropriate congressional committees
Department of Veterans Affairs Information Technology Reform Act of 2021
BuyAmerican.gov Act of 2021 This bill establishes requirements related to federal agencies granting waivers to Buy American laws (generally, laws that require or encourage the purchase of domestic goods in federal contracts and other activities) and addresses related issues. For example, before granting such a waiver, the agency must, with some exceptions, submit a request with certain information about the waiver to the General Services Administration, which shall make the request available for public comment for at least 15 days.
117 S732 IS: BuyAmerican.gov Act of 2021 U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 732 IN THE SENATE OF THE UNITED STATES March 11, 2021 Mr. Portman Mr. Murphy Mr. Graham Mr. Brown Ms. Stabenow Committee on Homeland Security and Governmental Affairs A BILL To strengthen Buy American requirements, and for other purposes. 1. Short title This Act may be cited as the BuyAmerican.gov Act of 2021 2. Definitions In this Act: (1) Buy American law The term Buy American law (A) chapter 83 Buy American Act (B) section 5323(j) of title 49, United States Code; (C) section 313 of title 23, United States Code; (D) section 50101 of title 49, United States Code; (E) section 24405 of title 49, United States Code; (F) section 608 of the Federal Water Pollution Control Act ( 33 U.S.C. 1388 (G) section 1452(a)(4) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(a)(4) (H) section 5035 of the Water Resources Reform and Development Act of 2014 ( 33 U.S.C. 3914 (I) section 2533a of title 10, United States Code (commonly referred to as the Berry Amendment (J) section 2533b of title 10, United States Code; and (K) section 604 of the American Recovery and Reinvestment Act of 2009 ( 6 U.S.C. 453b (2) Executive agency The term executive agency 3. Sense of Congress on buying American It is the sense of Congress that— (1) every executive agency should maximize, through terms and conditions of Federal financial assistance awards and Federal procurements, the use of goods, products, and materials produced in the United States and contracts for outsourced government service contracts to be performed by United States nationals; (2) every executive agency should scrupulously monitor, enforce, and comply with Buy American Laws, to the extent they apply, and minimize the use of waivers; and (3) every executive agency should implement processes to routinely audit its compliance with Buy American laws using data from the Federal Procurement Data System–Next Generation. 4. Report on Buy American compliance efforts (a) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter for two years, the Secretary of Commerce, in consultation with the Director of the Office of Management and Budget, the United States Trade Representative, the Secretary of State, and the heads of other executive agencies, shall submit to Congress and the President a report on the implementation of, and compliance with, Buy American laws. (b) Elements The report required under subsection (a) shall include the following elements: (1) An assessment of the monitoring of, enforcement of, implementation of, and compliance with Buy American Laws within each executive agency. (2) A listing of each waiver and exception used by an executive agency and an assessment of waivers by type and impact on domestic jobs and manufacturing. (3) Recommendations for policies for executive agencies to ensure that, to the extent permitted by law, Federal financial assistance awards and Federal contacts maximize the use of goods, products, and materials mined, produced, and manufactured in the United States, including manufactured products, components of manufactured products, and materials such as steel, iron, aluminum, and cement and services. (c) Agency reports Not later than 180 days after the date of the enactment of this Act, and annually thereafter for two years, the head of each executive agency shall submit to the Secretary of Commerce and the Director of the Office of Management and Budget a report on the implementation of, and compliance with, Buy American laws and covering with respect to that agency the elements set forth in subsection (b). (d) Guidance The head of each executive agency shall review the guidance issued to executive agencies in accordance with Executive Order 13788 regarding assessment of waivers and policies addressing Buy American laws and, as necessary, issue additional guidance. 5. Assessment of impact of free trade agreements Not later than 150 days after the date of the enactment of this Act, the Secretary of Commerce and the United States Trade Representative shall assess the impacts in a publicly available report of all United States free trade agreements and the World Trade Organization Agreement on Government Procurement on the operation of Buy American Laws, including their impacts on the implementation of domestic procurement preferences. 6. Judicious use of waivers (a) In general To the extent permitted by law, public interest waivers from Buy American Laws shall be construed to ensure the maximum utilization of goods, products, and materials produced in the United States. (b) Public interest waiver determinations To the extent permitted by law, determination of public interest waivers shall be made by the head of the agency with the authority over the Federal financial assistance award or Federal procurement under consideration. 7. Establishment of BuyAmerican.gov website Not later than one year after the date of the enactment of this Act, the Administrator of General Services shall establish an internet website with the address BuyAmerican.gov that will be publicly available and free to access. The website shall include information on all waivers of and exceptions to Buy American laws that have been requested, are under consideration, or have been granted by executive agencies and be designed to enable manufacturers and other interested parties to easily identify waivers. The website shall also include the results of routine audits of the Federal Procurement Data System–Next Generation to determine data errors and Buy American law violations after the award of a contract. The website shall provide publicly available contact information for the contracting agencies. 8. Waiver Transparency and Streamlining for grants (a) Collection of information The President, in consultation with the heads of relevant agencies, shall develop a mechanism to collect information on requests to waive Buy American laws and other domestic content restrictions, utilizing existing reporting requirements whenever possible, for purposes of providing early notice to possible waivers via the website established under subsection (a). The heads of executive agencies shall report to the Administrator as quickly as possible waivers requested or under consideration and waivers granted due to the non-availability of procured items or service providers for purposes of posting such information on the website established under such subsection. (b) Waiver transparency and streamlining Not less than 20 days prior to waiving, under his or her statutory authority, any applicable Buy American law, the head of an executive agency shall submit to the Administrator of General Services a notice of the agency’s intention to waive the Buy American law. Not later than 5 days after receiving this information from the head of an executive agency, the Administrator of General Services shall make available to the public, by posting on the website established under section 7, a copy of the information provided pursuant to subsection (a), and shall allow for informal public comment on the request for at least 15 days prior to making a finding based on the request. (c) Information available to the executive agency concerning the request (1) Requirement No requested waiver of an applicable Buy American Law may be granted if, in contravention of subsection (b)— (A) information about the waiver was not made available on the website under section 7; or (B) no opportunity for public comment concerning the request was granted. (2) Scope Information made available to the public concerning the request included on the website described in section 7 shall properly and adequately document and justify the statutory basis cited for the requested waiver. Such information shall include— (A) a detailed justification for the use of goods, products, or materials mined, produced, or manufactured outside the United States; (B) for requests citing unreasonable cost as the statutory basis of the waiver, a comparison of the cost of the domestic product to the cost of the foreign product or a comparison of the overall cost of the project with domestic products to the overall cost of the project with foreign-origin products or services, pursuant to the requirements of the applicable Buy American law, except that publicly available cost comparison data may be provided in lieu of proprietary pricing information; (C) for requests citing the public interest as the statutory basis for the waiver, a detailed written statement, which shall include all appropriate factors, such as potential obligations under international agreements, justifying why the requested waiver is in the public interest; and (D) a certification that the procurement official or assistance recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor. (d) Nonavailability waivers (1) In general Except as provided under paragraph (2), for a request citing nonavailability as the statutory basis for a waiver, an executive agency shall provide an explanation of the procurement official’s efforts to procure a product from a domestic source and the reasons why a domestic product was not suitable. Those explanations shall be made available on BuyAmerican.gov prior to the issuance of the waiver, and the agency shall consider public comments regarding the availability of the product before making a final determination. (2) Exception An explanation under paragraph (1) is not required for a product the nonavailability of which is established by law or regulation. 9. Waiver transparency and streamlining for procurement (a) Publication of information Not less than 20 days prior to waiving, pursuant to statutory authority, any applicable Buy American law, the head of an executive agency shall make information concerning the intention to issue a waiver or exception in connection with a Federal procurement available to the Administrator of General Services. A notice of the agency’s intention to waive a Buy American law shall be made available to the public through BuyAmerican.gov and shall include the statutory basis for exercise of the waiver or exception. (b) Nonavailability waivers (1) In general Except as provided under paragraph (2), for a request citing nonavailability as the statutory basis for a waiver, an executive agency shall provide an explanation of the procurement official’s efforts to procure a product from a domestic source and the reasons why a domestic product was not suitable. The explanation shall be made available on BuyAmerican.gov prior to the issuance of the waiver, and the agency shall consider public comments regarding the availability of the product before making a final determination. (2) Exception An explanation under paragraph (1) is not required for a product the nonavailability of which is established by law or regulation. 10. Comptroller General report Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing the implementation of this Act, including recommendations for any legislation to improve the collection and reporting of information regarding waivers of and exceptions to Buy American laws. 11. Rules of construction (a) Disclosure requirements Nothing in this Act shall be construed as preempting, superseding, or otherwise affecting the application of any disclosure requirement or requirements otherwise provided by law or regulation. (b) Establishment of successor information systems Nothing in this Act shall be construed as preventing or otherwise limiting the ability of the Administrator of General Services to move the data required to be included on the website established under subsection (a) to a successor information system. Any such information system shall include a reference to BuyAmerican.gov. 12. Consistency with international agreements This Act shall be applied in a manner consistent with United States obligations under international agreements.
BuyAmerican.gov Act of 2021
Assault Weapons Ban of 2021 This bill makes it a crime to knowingly import, sell, manufacture, transfer, or possess a semiautomatic assault weapon (SAW) or large capacity ammunition feeding device (LCAFD). The prohibition does not apply to a firearm that is (1) manually operated by bolt, pump, lever, or slide action; (2) permanently inoperable; (3) an antique; or (4) a rifle or shotgun specifically identified by make and model. The bill also exempts from the prohibition the following, with respect to a SAW or LCAFD: importation, sale, manufacture, transfer, or possession related to certain law enforcement efforts, or authorized tests or experiments; importation, sale, transfer, or possession related to securing nuclear materials; and possession by a retired law enforcement officer. The bill permits continued possession, sale, or transfer of a grandfathered SAW, which must be securely stored. A licensed gun dealer must conduct a background check prior to the sale or transfer of a grandfathered SAW between private parties. The bill permits continued possession of, but prohibits sale or transfer of, a grandfathered LCAFD. Newly manufactured LCAFDs must display serial number identification. Newly manufactured SAWs and LCAFDs must display the date of manufacture. The bill also allows a state or local government to use Edward Byrne Memorial Justice Assistance Grant Program funds to compensate individuals who surrender a SAW or LCAFD under a buy-back program.
117 S736 IS: Assault Weapons Ban of 2021 U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 736 IN THE SENATE OF THE UNITED STATES March 11, 2021 Mrs. Feinstein Mr. Blumenthal Mr. Murphy Mr. Schumer Mr. Durbin Mr. Markey Mr. Schatz Mr. Menendez Mr. Carper Mr. Brown Ms. Hassan Mr. Merkley Mr. Whitehouse Mr. Sanders Ms. Warren Mr. Casey Mr. Kaine Mr. Reed Mr. Warner Ms. Hirono Mr. Wyden Mr. Cardin Mr. Coons Ms. Smith Mr. Booker Mr. Van Hollen Ms. Rosen Ms. Duckworth Ms. Klobuchar Mr. Luján Mr. Padilla Mrs. Murray Mrs. Gillibrand Mrs. Shaheen Ms. Stabenow Committee on the Judiciary A BILL To regulate assault weapons, to ensure that the right to keep and bear arms is not unlimited, and for other purposes. 1. Short title This Act may be cited as the Assault Weapons Ban of 2021 2. Definitions (a) In general Section 921(a) of title 18, United States Code, is amended— (1) by inserting after paragraph (29) the following: (30) The term semiautomatic pistol (A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and (B) requires a separate pull of the trigger to fire each cartridge. (31) The term semiautomatic shotgun (A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and (B) requires a separate pull of the trigger to fire each cartridge. ; and (2) by adding at the end the following: (36) The term semiautomatic assault weapon (A) A semiautomatic rifle that— (i) has the capacity to utilize a magazine that is not a fixed magazine; and (ii) does have any 1 of the following: (I) A pistol grip. (II) A forward grip. (III) A folding, telescoping, or detachable stock, or is otherwise foldable or adjustable in a manner that operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of the weapon. (IV) A grenade launcher. (V) A barrel shroud. (VI) A threaded barrel. (B) A semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds, except for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. (C) Any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic firearm but not convert the semiautomatic firearm into a machinegun. (D) A semiautomatic pistol that— (i) has the capacity to utilize a magazine that is not a fixed magazine; and (ii) does have any 1 of the following: (I) A threaded barrel. (II) A second pistol grip. (III) A barrel shroud. (IV) The capacity to accept a detachable magazine at some location outside of the pistol grip. (V) A semiautomatic version of an automatic firearm. (VI) A manufactured weight of 50 ounces or more when unloaded. (VII) A stabilizing brace or similar component. (E) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. (F) A semiautomatic shotgun that— (i) does not have a fixed magazine; and (ii) does have any 1 of the following: (I) A folding, telescoping, or detachable stock. (II) A pistol grip or bird's head grip. (III) A fixed magazine with the capacity to accept more than 5 rounds. (IV) The ability to accept a detachable magazine. (V) A forward grip. (VI) A grenade launcher. (G) Any shotgun with a revolving cylinder. (H) All of the following rifles, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) All AK types, including the following: (I) AK, AK47, AK47S, AK–74, AKM, AKS, ARM, MAK90, MISR, NHM90, NHM91, Rock River Arms LAR–47, SA85, SA93, Vector Arms AK–47, VEPR, WASR–10, and WUM. (II) IZHMASH Saiga AK. (III) MAADI AK47 and ARM. (IV) Norinco 56S, 56S2, 84S, and 86S. (V) Poly Technologies AK47 and AKS. (VI) SKS with a detachable magazine. (ii) All AR types, including the following: (I) AR–10. (II) AR–15. (III) Alexander Arms Overmatch Plus 16. (IV) Armalite M15 22LR Carbine. (V) Armalite M15–T. (VI) Barrett REC7. (VII) Beretta AR–70. (VIII) Black Rain Ordnance Recon Scout. (IX) Bushmaster ACR. (X) Bushmaster Carbon 15. (XI) Bushmaster MOE series. (XII) Bushmaster XM15. (XIII) Chiappa Firearms MFour rifles. (XIV) Colt Match Target rifles. (XV) CORE Rifle Systems CORE15 rifles. (XVI) Daniel Defense M4A1 rifles. (XVII) Devil Dog Arms 15 Series rifles. (XVIII) Diamondback DB15 rifles. (XIX) DoubleStar AR rifles. (XX) DPMS Tactical rifles. (XXI) DSA Inc. ZM–4 Carbine. (XXII) Heckler & Koch MR556. (XXIII) High Standard HSA–15 rifles. (XXIV) Jesse James Nomad AR–15 rifle. (XXV) Knight’s Armament SR–15. (XXVI) Lancer L15 rifles. (XXVII) MGI Hydra Series rifles. (XXVIII) Mossberg MMR Tactical rifles. (XXIX) Noreen Firearms BN 36 rifle. (XXX) Olympic Arms. (XXXI) POF USA P415. (XXXII) Precision Firearms AR rifles. (XXXIII) Remington R–15 rifles. (XXXIV) Rhino Arms AR rifles. (XXXV) Rock River Arms LAR–15. (XXXVI) Sig Sauer SIG516 rifles and MCX rifles. (XXXVII) Smith & Wesson M&P15 rifles. (XXXVIII) Stag Arms AR rifles. (XXXIX) Sturm, Ruger & Co. SR556 and AR–556 rifles. (XL) Uselton Arms Air-Lite M–4 rifles. (XLI) Windham Weaponry AR rifles. (XLII) WMD Guns Big Beast. (XLIII) Yankee Hill Machine Company, Inc. YHM–15 rifles. (iii) Barrett M107A1. (iv) Barrett M82A1. (v) Beretta CX4 Storm. (vi) Calico Liberty Series. (vii) CETME Sporter. (viii) Daewoo K–1, K–2, Max 1, Max 2, AR 100, and AR 110C. (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000. (x) Feather Industries AT–9. (xi) Galil Model AR and Model ARM. (xii) Hi-Point Carbine. (xiii) HK–91, HK–93, HK–94, HK–PSG–1, and HK USC. (xiv) IWI TAVOR, Galil ACE rifle. (xv) Kel-Tec Sub-2000, SU–16, and RFB. (xvi) SIG AMT, SIG PE–57, Sig Sauer SG 550, Sig Sauer SG 551, and SIG MCX. (xvii) Springfield Armory SAR–48. (xviii) Steyr AUG. (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle M–14/20CF. (xx) All Thompson rifles, including the following: (I) Thompson M1SB. (II) Thompson T1100D. (III) Thompson T150D. (IV) Thompson T1B. (V) Thompson T1B100D. (VI) Thompson T1B50D. (VII) Thompson T1BSB. (VIII) Thompson T1–C. (IX) Thompson T1D. (X) Thompson T1SB. (XI) Thompson T5. (XII) Thompson T5100D. (XIII) Thompson TM1. (XIV) Thompson TM1C. (xxi) UMAREX UZI rifle. (xxii) UZI Mini Carbine, UZI Model A Carbine, and UZI Model B Carbine. (xxiii) Valmet M62S, M71S, and M78. (xxiv) Vector Arms UZI Type. (xxv) Weaver Arms Nighthawk. (xxvi) Wilkinson Arms Linda Carbine. (I) All of the following pistols, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) All AK types, including the following: (I) Centurion 39 AK pistol. (II) CZ Scorpion pistol. (III) Draco AK–47 pistol. (IV) HCR AK–47 pistol. (V) IO Inc. Hellpup AK–47 pistol. (VI) Krinkov pistol. (VII) Mini Draco AK–47 pistol. (VIII) PAP M92 pistol. (IX) Yugo Krebs Krink pistol. (ii) All AR types, including the following: (I) American Spirit AR–15 pistol. (II) Bushmaster Carbon 15 pistol. (III) Chiappa Firearms M4 Pistol GEN II. (IV) CORE Rifle Systems CORE15 Roscoe pistol. (V) Daniel Defense MK18 pistol. (VI) DoubleStar Corporation AR pistol. (VII) DPMS AR–15 pistol. (VIII) Jesse James Nomad AR–15 pistol. (IX) Olympic Arms AR–15 pistol. (X) Osprey Armament MK–18 pistol. (XI) POF USA AR pistols. (XII) Rock River Arms LAR 15 pistol. (XIII) Uselton Arms Air-Lite M–4 pistol. (iii) Calico pistols. (iv) DSA SA58 PKP FAL pistol. (v) Encom MP–9 and MP–45. (vi) Heckler & Koch model SP–89 pistol. (vii) Intratec AB–10, TEC–22 Scorpion, TEC–9, and TEC–DC9. (viii) IWI Galil Ace pistol, UZI PRO pistol. (ix) Kel-Tec PLR 16 pistol. (x) All MAC types, including the following: (I) MAC–10. (II) MAC–11. (III) Masterpiece Arms MPA A930 Mini Pistol, MPA460 Pistol, MPA Tactical Pistol, and MPA Mini Tactical Pistol. (IV) Military Armament Corp. Ingram M–11. (V) Velocity Arms VMAC. (xi) Sig Sauer P556 pistol. (xii) Sites Spectre. (xiii) All Thompson types, including the following: (I) Thompson TA510D. (II) Thompson TA5. (xiv) All UZI types, including Micro-UZI. (J) All of the following shotguns, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) DERYA Anakon MC–1980, Anakon SD12. (ii) Doruk Lethal shotguns. (iii) Franchi LAW–12 and SPAS 12. (iv) All IZHMASH Saiga 12 types, including the following: (I) IZHMASH Saiga 12. (II) IZHMASH Saiga 12S. (III) IZHMASH Saiga 12S EXP–01. (IV) IZHMASH Saiga 12K. (V) IZHMASH Saiga 12K–030. (VI) IZHMASH Saiga 12K–040 Taktika. (v) Streetsweeper. (vi) Striker 12. (K) All belt-fed semiautomatic firearms, including TNW M2HB and FN M2495. (L) Any combination of parts from which a firearm described in subparagraphs (A) through (K) can be assembled. (M) The frame or receiver of a rifle or shotgun described in subparagraph (A), (B), (C), (F), (G), (H), (J), or (K). (37) The term large capacity ammunition feeding device (A) means a magazine, belt, drum, feed strip, or similar device, including any such device joined or coupled with another in any manner, that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 10 rounds of ammunition; and (B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. . (b) Related definitions Section 921(a) of title 18, United States Code, as amended by this Act, is amended by adding at the end the following: (38) The term barrel shroud (A) means a shroud that is attached to, or partially or completely encircles, the barrel of a firearm so that the shroud protects the user of the firearm from heat generated by the barrel; and (B) does not include— (i) a slide that partially or completely encloses the barrel; or (ii) an extension of the stock along the bottom of the barrel which does not encircle or substantially encircle the barrel. (39) The term detachable magazine (40) The term fixed magazine (41) The term folding, telescoping, or detachable stock (42) The term forward grip (43) The term grenade launcher (44) The term permanently inoperable (45) The term pistol grip (46) The term threaded barrel (47) The term qualified law enforcement officer (48) The term grandfathered semiautomatic assault weapon (49) The term belt-fed semiautomatic firearm (A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; (B) requires a separate pull of the trigger to fire each cartridge; and (C) has the capacity to accept a belt ammunition feeding device. . 3. Restrictions on assault weapons and large capacity ammunition feeding devices (a) In general Section 922 of title 18, United States Code, is amended— (1) by inserting after subsection (u) the following: (v) (1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a semiautomatic assault weapon. (2) Paragraph (1) shall not apply to the possession, sale, or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of enactment of the Assault Weapons Ban of 2021 (3) Paragraph (1) shall not apply to any firearm that— (A) is manually operated by bolt, pump, lever, or slide action; (B) has been rendered permanently inoperable; or (C) is an antique firearm, as defined in section 921 of this title. (4) Paragraph (1) shall not apply to— (A) the importation for, manufacture for, sale to, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a sale or transfer to or possession by a qualified law enforcement officer employed by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, for purposes of law enforcement (whether on or off duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty); (B) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials; (C) the possession, by an individual who is retired in good standing from service with a law enforcement agency and is not otherwise prohibited from receiving a firearm, of a semiautomatic assault weapon— (i) sold or transferred to the individual by the agency upon such retirement; or (ii) that the individual purchased, or otherwise obtained, for official use before such retirement; (D) the importation, sale, manufacture, transfer, or possession of a semiautomatic assault weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General; or (E) the importation, sale, manufacture, transfer, or possession of a firearm specified in Appendix A to this section, as such firearm was manufactured on the date of introduction of the Assault Weapons Ban of 2021 (5) For purposes of paragraph (4)(A), the term campus law enforcement officer (A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 (B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; (C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and (D) recognized, commissioned, or certified by a government entity as a law enforcement officer. (6) The Attorney General shall establish and maintain, in a timely manner, a record of the make, model, and, if available, date of manufacture of any semiautomatic assault weapon which the Attorney General is made aware has been used in relation to a crime under Federal or State law, and the nature and circumstances of the crime involved, including the outcome of relevant criminal investigations and proceedings. The Attorney General shall annually submit a copy of the record established under this paragraph to the Congress and make the record available to the general public. (w) (1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a large capacity ammunition feeding device. (2) Paragraph (1) shall not apply to the possession of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of enactment of the Assault Weapons Ban of 2021 (3) Paragraph (1) shall not apply to— (A) the importation for, manufacture for, sale to, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a sale or transfer to or possession by a qualified law enforcement officer employed by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State for purposes of law enforcement (whether on or off duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty); (B) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials; (C) the possession, by an individual who is retired in good standing from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device— (i) sold or transferred to the individual by the agency upon such retirement; or (ii) that the individual purchased, or otherwise obtained, for official use before such retirement; or (D) the importation, sale, manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General. (4) For purposes of paragraph (3)(A), the term campus law enforcement officer (A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 (B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; (C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and (D) recognized, commissioned, or certified by a government entity as a law enforcement officer. ; and (2) by adding at the end the following: (aa) Secure storage or safety device requirement for grandfathered semiautomatic assault weapons It shall be unlawful for any person, other than a licensed importer, licensed manufacturer, or licensed dealer, to store or keep under the dominion or control of that person any grandfathered semiautomatic assault weapon that the person knows, or has reasonable cause to believe, will be accessible to an individual prohibited from receiving or possessing a firearm under subsection (g), (n), or (x), or any provision of State law, unless the grandfathered semiautomatic assault weapon is— (1) carried on the person, or within such close proximity that the person can readily retrieve and use the grandfathered semiautomatic assault weapon as if the grandfathered semiautomatic assault weapon were carried on the person; or (2) locked by a secure gun storage or safety device that the prohibited individual has no ability to access. . (b) Identification markings for semiautomatic assault weapons Section 923(i) of title 18, United States Code, is amended by adding at the end the following: The serial number of any semiautomatic assault weapon manufactured after the date of enactment of the Assault Weapons Ban of 2021 (c) Identification markings for large capacity ammunition feeding devices Section 923(i) of title 18, United States Code, as amended by this Act, is amended by adding at the end the following: A large capacity ammunition feeding device manufactured after the date of enactment of the Assault Weapons Ban of 2021 (d) Seizure and forfeiture of large capacity ammunition feeding devices Subsection (d) of section 924 of title 18, United States Code, is amended— (1) in paragraph (1)— (A) by inserting or large capacity ammunition feeding device firearm or ammunition (B) by inserting or large capacity ammunition feeding device firearms or ammunition (C) by striking or (k) (k), (r), (v), or (w) (2) in paragraph (2)— (A) in subparagraph (C), by inserting or large capacity ammunition feeding devices firearms or quantities of ammunition (3) in paragraph (3)— (A) in subparagraph (E), by inserting 922(r), 922(v), 922(w), 922(n), (e) Appendix A Section 922 of title 18, United States Code, is amended by adding at the end the following: Appendix A—Firearms exempted by the Assault Weapons Ban of 2017 Centerfire Rifles—Autoloaders Benelli R1 Rifle Browning BAR Mark II Safari Magnum Rifle Browning BAR Mark II Safari Semi-Auto Rifle Browning BAR Stalker Rifles Browning High-Power Rifle Browning Longtrac Rifle Browning Shorttrac Rifle Heckler & Koch HK630 Heckler & Koch HK770 Heckler & Koch HK940 Heckler & Koch Model 300 Rifle Heckler & Koch SL7 Rifle Iver Johnson 50th Anniversary M–1 Carbine (w/o folding stock) Iver Johnson M–1 Carbine (w/o folding stock) M–1 Carbines with standard fixed stock M–1 Garand with fixed 8 round capacity and standard stock Marlin Model 9 Camp Carbine Marlin Model 45 Carbine Remington Model 74 Remington Model 81 Remington Model 740 Remington Model 742 Remington Model 750 Synthetic Remington Model 750 Woodmaster Remington Model 7400 Rifle Remington Model 7400 Special Purpose Auto Rifle Remington Nylon 66 Auto-Loading Rifle Ruger Mini 30 Ruger Mini-14 (w/o folding or telescoping stock or pistol grip) Ruger PC4 Ruger PC9 SKS type rifles with fixed 10 round magazine and standard fixed stock Winchester Model SXR Centerfire Rifles—Lever & Slide Action Arms Timber Wolf Pump Action Beretta 1873 Renegade Lever Action Beretta Gold Rush Slide Action Big Horn Armory Model 89 Browning BLR Model 181 Lever Action, All Models Browning BPR Pump Rifle Browning Model 53 Lever Action Browning Model 65 Grade 1 Lever Action Rifle Browning Model 71 Rifle and Carbine Browning Model 81 BLR Browning Model 81 BLR Lever-Action Rifle Browning Model 81 Long Action BLR Browning Model 1886 High Grade Carbine Browning Model 1886 Lever-Action Carbine Browning Model B–92 Carbine Charles Daly Model 1892 Lever Action, All Models Chiappa 1886 Lever Action Rifles Cimarron 1860 Henry Replica Cimarron 1866 Winchester Replicas Cimarron 1873 30″ Express Rifle Cimarron 1873 Short Rifle Cimarron 1873 Sporting Rifle Cimarron 1873 Winchester Replicas Dixie Engraved 1873 Rifle Dixie Lightning Rifle and Carbines E.M.F. 1860 Henry Rifle E.M.F. 1866 Yellowboy Lever Actions E.M.F. Model 73 Lever-Action Rifle E.M.F. Model 1873 Lever Actions Henry .30/30 Lever Action Carbine Henry Big Boy .357 Magnum Henry Big Boy .44 Magnum Henry Big Boy .45 Colt Henry Big Boy Deluxe Engraved .44 Magnum Henry Big Boy Deluxe Engraved .45 Colt Marlin Model 30AS Lever-Action Carbine Marlin Model 62 Lever Action Marlin Model 93 Lever Action Marlin Model 308MX Marlin Model 308MXLR Marlin Model 336 Deluxe Marlin Model 336C Marlin Model 336CS Lever-Action Carbine Marlin Model 336DL Lever Action Marlin Model 336SS Marlin Model 336W Marlin Model 336XLR Marlin Model 338MX Marlin Model 338MXLR Marlin Model 444 Marlin Model 444 Lever-Action Marlin Model 444XLR Marlin Model 1894 Marlin Model 1894 Cowboy Marlin Model 1894 Lever Action, All Models Marlin Model 1894C Marlin Model 1894CL Classic Marlin Model 1894CS Carbine Marlin Model 1894S Lever-Action Carbine Marlin Model 1894SS Marlin Model 1895 Marlin Model 1895 Cowboy Marlin Model 1895 Lever Action, All Models Marlin Model 1895G Marlin Model 1895GS Marlin Model 1895M Marlin Model 1895MXLR Marlin Model 1895SBL Marlin Model 1895SS Lever-Action Rifle Marlin Model 1895XLR Marlin XLR Lever Action Rifles Mitchell 1858 Henry Replica Mitchell 1866 Winchester Replica Mitchell 1873 Winchester Replica Mossberg 464 Lever Action Rifle Mossberg Model 472 Lever Action Mossberg Model 479 Lever Action Navy Arms 1866 Yellowboy Rifle Navy Arms 1873 Sporting Rifle Navy Arms 1873 Winchester-Style Rifle Navy Arms 1892 Short Rifle Navy Arms Henry Carbine Navy Arms Henry Trapper Navy Arms Iron Frame Henry Navy Arms Military Henry Rifle Puma Bounty Hunter Rifle Puma Model 92 Rifles & Carbines Remington 7600 Slide Action Remington Model 6 Pump Action Remington Model 14, 14 1/2 Remington Model 141 Pump Action Remington Model 760 Slide Actions Remington Model 7600 Special Purpose Slide Action Remington Model 7600 Synthetic Remington Model 7615 Camo Hunter Remington Model 7615 Ranch Carbine Remington Model 7615 SPS Rossi M92 SRC Saddle-Ring Carbine Rossi M92 SRS Short Carbine Rossi R92 Lever Action Carbines Ruger Model 96/44 Lever Action Savage 99C Lever-Action Rifle Savage Model 170 Pump Action Taurus Thunderbolt Pump Action Taylor’s & CO., Inc. 1865 Spencer Carbine/Rifle Taylor’s & CO., Inc. 1892 Carbine/Rifle U.S. Fire Arms Standard Lightning Magazine Rifle Uberti 1866 Sporting Rifle Uberti 1873 Sporting Rifle Uberti 1876 Rifle Uberti 1883 Burgess Lever Action Rifle/Carbine Uberti Henry Rifle Uberti Lightning Rifle/Carbine Winchester Lever Actions, All Other Center Fire Models Winchester Model 94 Big Bore Side Eject Winchester Model 94 Ranger Side Eject Lever-Action Rifle Winchester Model 94 Side Eject Lever-Action Rifle Winchester Model 94 Trapper Side Eject Winchester Model 94 Wrangler Side Eject Winchester Model 1895 Safari Centennial Centerfire Rifles—Bolt Action Accurate Arms Raptor & Backpack Bolt Action Rifles Alpine Bolt-Action Rifle Anschutz 1700D Bavarian Bolt-Action Rifle Anschutz 1700D Classic Rifles Anschutz 1700D Custom Rifles Anschutz 1733D Mannlicher Rifle Arnold Arms African Safari & Alaskan Trophy Rifles A-Square Caesar Bolt-Action Rifle A-Square Genghis Khan Bolt Action Rifle A-Square Hamilcar Bolt Action Rifle A-Square Hannibal Bolt-Action Rifle Auguste Francotte Bolt-Action Rifles Bansners Ultimate Bolt Action Rifles Beeman/HW 60J Bolt-Action Rifle Benton & Brown Firearms, Inc. Model 93 Bolt Action Rifle Blackheart International BBG Hunter Bolt Action Blackheart International LLC BBG Light Sniper Bolt Action Blaser R8 Professional Blaser R84 Bolt-Action Rifle Blaser R93 Bolt Action Rifle BRNO 537 Sporter Bolt-Action Rifle BRNO ZKB 527 Fox Bolt-Action Rifle BRNO ZKK 600, 601, 602 Bolt-Action Rifles Brown Precision Company Bolt Action Sporter Browning A-Bolt Gold Medallion Browning A-Bolt Left Hand Browning A-Bolt Micro Medallion Browning A-Bolt Rifle Browning A-Bolt Short Action Browning A-Bolt Stainless Stalker Browning Euro-Bolt Rifle Browning High-Power Bolt Action Rifle Browning X-Bolt Bolt Action Rifle Carbon One Bolt Action Rifle Carl Gustaf 2000 Bolt-Action Rifle Century Centurion 14 Sporter Century Enfield Sporter #4 Century M70 Sporter Century Mauser 98 Sporter Century Swedish Sporter #38 Cheytac M–200 Cheytac M70 Sporter Cooper Model 21 Bolt Action Rifle Cooper Model 22 Bolt Action Rifle Cooper Model 38 Centerfire Sporter Cooper Model 56 Bolt Action Rifle CZ 527 Bolt Action Rifles CZ 550 Bolt Action Rifles CZ 750 Sniper Rifle Dakota 22 Sporter Bolt-Action Rifle Dakota 76 Classic Bolt-Action Rifle Dakota 76 Safari Bolt-Action Rifle Dakota 76 Short Action Rifles Dakota 97 Bolt Action Rifle Dakota 416 Rigby African Dakota Predator Rifle DSA DS–MP1 Bolt Action Rifle E.A.A./Sabatti Rover 870 Bolt-Action Rifle EAA/Zastava M–93 Black Arrow Rifle Ed Brown Hunting and Model 704 Bolt Action Rifles Heym Bolt Action Rifles Heym Magnum Express Series Rifle Howa Bolt Action Rifles Howa Lightning Bolt-Action Rifle Howa Realtree Camo Rifle H–S Precision Bolt Action Rifles Interarms Mark X Bolt Action Rifles Interarms Mark X Viscount Bolt-Action Rifle Interarms Mark X Whitworth Bolt-Action Rifle Interarms Mini-Mark X Rifle Interarms Whitworth Express Rifle Iver Johnson Model 5100A1 Long-Range Rifle KDF K15 American Bolt-Action Rifle Kenny Jarrett Bolt Action Rifle Kimber Bolt Action Rifles Krico Model 600 Bolt-Action Rifle Krico Model 700 Bolt-Action Rifles Magnum Research Mount Eagle Rifles Marlin Model XL7 Marlin Model XL7C Marlin Model XL7L Marlin Model XL7W Marlin Model XS7 Marlin Model XS7C Marlin Model XS7Y Marlin XL–7/XS7 Bolt Action Rifles Mauser Model 66 Bolt-Action Rifle Mauser Model 99 Bolt-Action Rifle McMillan Classic Stainless Sporter McMillan Signature Alaskan McMillan Signature Classic Sporter McMillan Signature Super Varminter McMillan Signature Titanium Mountain Rifle McMillan Talon Safari Rifle McMillan Talon Sporter Rifle Merkel KR1 Bolt Action Rifle Midland 1500S Survivor Rifle Mossberg Model 100 ATR (All-Terrain Rifle) Navy Arms TU–33/40 Carbine Nosler Model 48 Varmint Rifle Parker Hale Bolt Action Rifles Parker-Hale Model 81 Classic African Rifle Parker-Hale Model 81 Classic Rifle Parker-Hale Model 1000 Rifle Parker-Hale Model 1100 Lightweight Rifle Parker-Hale Model 1100M African Magnum Parker-Hale Model 1200 Super Clip Rifle Parker-Hale Model 1200 Super Rifle Parker-Hale Model 1300C Scout Rifle Parker-Hale Model 2100 Midland Rifle Parker-Hale Model 2700 Lightweight Rifle Parker-Hale Model 2800 Midland Rifle Remington 700 ADL Bolt-Action Rifle Remington 700 BDL Bolt-Action Rifle Remington 700 BDL European Bolt-Action Rifle Remington 700 BDL Left Hand Remington 700 BDL SS Rifle Remington 700 BDL Varmint Special Remington 700 Camo Synthetic Rifle Remington 700 Classic Rifle Remington 700 Custom KS Mountain Rifle Remington 700 Mountain Rifle Remington 700 MTRSS Rifle Remington 700 Safari Remington 700 Stainless Synthetic Rifle Remington 700 Varmint Synthetic Rifle Remington Model 40–X Bolt Action Rifles Remington Model 700 Alaskan Ti Remington Model 700 Bolt Action Rifles Remington Model 700 CDL Remington Model 700 CDL Boone and Crockett Remington Model 700 CDL Left-Hand Remington Model 700 CDL SF Limited Edition Remington Model 700 LSS Remington Model 700 Mountain LSS Remington Model 700 Sendero SF II Remington Model 700 SPS Remington Model 700 SPS Buckmasters Edition Remington Model 700 SPS Buckmasters Edition ‘Young Bucks’ Youth Remington Model 700 SPS Stainless Remington Model 700 SPS Tactical Rifle Remington Model 700 SPS Varmint Remington Model 700 SPS Varmint (Left-Hand) Remington Model 700 SPS Youth Synthetic Left-Hand Remington Model 700 VL SS Thumbhole Remington Model 700 VLS Remington Model 700 VS SF II Remington Model 700 VTR Remington Model 700 XCR Remington Model 700 XCR Camo Remington Model 700 XCR Compact Tactical Rifle Remington Model 700 XCR Left-Hand Remington Model 700 XCR Tactical Long Range Rifle Remington Model 715 Remington Model 770 Remington Model 770 Bolt Action Rifles Remington Model 770 Stainless Camo Remington Model 770 Youth Remington Model 798 Remington Model 798 Safari Remington Model 798 SPS Remington Model 799 Remington Model Seven 25th Anniversary Remington Model Seven Bolt Action Rifles Remington Model Seven CDL Remington Model Seven Custom KS Remington Model Seven Custom MS Rifle Remington Model Seven Predator Remington Model Seven Youth Rifle Ruger M77 Hawkeye African Ruger M77 Hawkeye Alaskan Ruger M77 Hawkeye All-Weather Ruger M77 Hawkeye All-Weather Ultra Light Ruger M77 Hawkeye Compact Ruger M77 Hawkeye International Ruger M77 Hawkeye Laminate Compact Ruger M77 Hawkeye Laminate Left-Handed Ruger M77 Hawkeye Predator Ruger M77 Hawkeye Sporter Ruger M77 Hawkeye Standard Ruger M77 Hawkeye Standard Left-Handed Ruger M77 Hawkeye Tactical Ruger M77 Hawkeye Ultra Light Ruger M77 Mark II All-Weather Stainless Rifle Ruger M77 Mark II Express Rifle Ruger M77 Mark II Magnum Rifle Ruger M77 Mark II Rifle Ruger M77 Mark II Target Rifle Ruger M77 RSI International Carbine Ruger M77 Ruger Compact Magnum Ruger M77RL Ultra Light Ruger M77VT Target Rifle Ruger Model 77 Bolt Action Rifles Sako Bolt Action Rifles Sako Classic Bolt Action Sako Deluxe Lightweight Sako FiberClass Sporter Sako Hunter Left-Hand Rifle Sako Hunter LS Rifle Sako Hunter Rifle Sako Mannlicher-Style Carbine Sako Safari Grade Bolt Action Sako Super Deluxe Sporter Sako TRG–S Bolt-Action Rifle Sako Varmint Heavy Barrel Sauer 90 Bolt-Action Rifle Savage 16/116 Rifles Savage 110 Bolt Action Rifles Savage 110CY Youth/Ladies Rifle Savage 110F Bolt-Action Rifle Savage 110FP Police Rifle Savage 110FXP3 Bolt-Action Rifle Savage 110G Bolt-Action Rifle Savage 110GV Varmint Rifle Savage 110GXP3 Bolt-Action Rifle Savage 110WLE One of One Thousand Limited Edition Rifle Savage 112 Bolt Action Rifles Savage 112FV Varmint Rifle Savage 116 Bolt Action Rifles Savage 116FSS Bolt-Action Rifle Savage Axis Series Bolt Action Rifles Savage Model 10 Bolt Action Rifles Savage Model 10GXP Package Guns Savage Model 11/111 Series Bolt Action Rifles Savage Model 12 Series Rifles Savage Model 14/114 Rifles Savage Model 25 Bolt Action Rifles Savage Model 110GXP3 Package Guns Savage Model 112BV Heavy Barrel Varmint Rifle Savage Model 112FVS Varmint Rifle Savage Model 116FSK Kodiak Rifle Shilen Rifles Inc. DGA Bolt Action Rifles Smith & Wesson i-Bolt Rifle Steyr Scout Bolt Action Rifle Steyr SSG 69 PII Bolt Action Rifle Steyr SSG08 Bolt Action Rifle Steyr-Mannlicher Luxus Model L, M, S Steyr-Mannlicher Model M Professional Rifle Steyr-Mannlicher Sporter Models SL, L, M, S, S/T Thompson/Center ICON Bolt Action Rifles Thompson/Center Icon Classic Long Action Rifle Thompson/Center Icon Medium Action Rifle Thompson/Center Icon Precision Hunter Thompson/Center Icon Weather Shield Long Action Rifle Thompson/Center Icon Weather Shield Medium Action Rifle Thompson/Center Venture Tikka Bolt-Action Rifle Tikka Premium Grade Rifles Tikka T3 Bolt Action Rifles Tikka Varmint/Continental Rifle Tikka Whitetail/Battue Rifle Ultra Light Arms Model 20 Rifle Ultra Light Arms Model 24 Ultra Light Arms Model 28, Model 40 Rifles Voere Model 2155, 2150 Bolt-Action Rifles Voere Model 2165 Bolt-Action Rifle Voere VEC 91 Lightning Bolt-Action Rifle Weatherby Classicmark No. 1 Rifle Weatherby Lasermark V Rifle Weatherby Mark V Crown Custom Rifles Weatherby Mark V Deluxe Bolt-Action Rifle Weatherby Mark V Rifles Weatherby Mark V Safari Grade Custom Rifles Weatherby Mark V Sporter Rifle Weatherby Vanguard Bolt Action Rifles Weatherby Vanguard Classic No. 1 Rifle Weatherby Vanguard Classic Rifle Weatherby Vanguard VGX Deluxe Rifle Weatherby Vanguard Weatherguard Rifle Weatherby Weatherguard Alaskan Rifle Weatherby Weathermark Alaskan Rifle Weatherby Weathermark Rifle Weatherby Weathermark Rifles Wichita Classic Rifle Wichita Varmint Rifle Winchester Model 70 Bolt Action Rifles Winchester Model 70 Custom Sharpshooter Winchester Model 70 Custom Sporting Sharpshooter Rifle Winchester Model 70 DBM Rifle Winchester Model 70 DBM–S Rifle Winchester Model 70 Featherweight Winchester Model 70 Featherweight Classic Winchester Model 70 Featherweight WinTuff Winchester Model 70 Lightweight Rifle Winchester Model 70 SM Sporter Winchester Model 70 Sporter Winchester Model 70 Sporter WinTuff Winchester Model 70 Stainless Rifle Winchester Model 70 Super Express Magnum Winchester Model 70 Super Grade Winchester Model 70 Synthetic Heavy Varmint Rifle Winchester Model 70 Varmint Winchester Ranger Rifle Centerfire Rifles—Single Shot Armsport 1866 Sharps Rifle, Carbine Ballard Arms Inc. 1875 #3 Gallery Single Shot Rifle Ballard Arms Inc. 1875 #4 Perfection Rifle Ballard Arms Inc. 1875 #7 Long Range Rifle Ballard Arms Inc. 1875 #8 Union Hill rifle Ballard Arms Inc. 1875 1 1/2 Ballard Arms Inc. 1885 High Wall Sporting Rifle Ballard Arms Inc. 1885 Low Wall Single Shot Brown Model 97D Single Shot Rifle Brown Model One Single Shot Rifle Browning Model 1885 Single Shot Rifle C. Sharps Arms 1875 Target & Sporting Rifle C. Sharps Arms Custom New Model 1877 C. Sharps Arms New Model 1885 High Wall Rifle C.Sharps Arms 1874 Bridgeport Sporting Rifle C.Sharps Arms 1875 Classic Sharps C.Sharps Arms New Model 1874 Old Reliable C.Sharps Arms New Model 1875 Rifle C.Sharps Arms New Model 1875 Target & Long Range Cabela's 1874 Sharps Sporting Cimarron Billy Dixon 1874 Sharps Cimarron Model 1885 High Wall Cimarron Quigley Model 1874 Sharps Cimarron Silhouette Model 1874 Sharps Dakota Model 10 Single Shot Rifle Dakota Single Shot Rifle Desert Industries G–90 Single Shot Rifle Dixie Gun Works 1873 Trapdoor Rifle/Carbine Dixie Gun Works 1874 Sharps Rifles Dixie Gun Works Remington Rolling Block Rifles EMF Premier 1874 Sharps Harrington & Richardson Buffalo Classic Rifle (CR–1871) Harrington & Richardson CR 45–LC Harrington & Richardson Handi-Mag Rifle Harrington & Richardson Handi-Rifle Harrington & Richardson Handi-Rifle Compact Harrington & Richardson New England Hand-Rifle/Slug Gun Combos Harrington & Richardson Stainless Handi-Rifle Harrington & Richardson Stainless Ultra Hunter Thumbhole Stock Harrington & Richardson Superlight Handi-Rifle Compact Harrington & Richardson Survivor Rifle Harrington & Richardson Synthetic Handi-Rifle Harrington & Richardson Ultra Hunter Rifle Harrington & Richardson Ultra Varmint Fluted Harrington & Richardson Ultra Varmint Rifle Harrington & Richardson Ultra Varmint Thumbhole Stock Krieghoff Hubertus Single Shot Meacham High Wall Merkel K1 Lightweight Stalking Rifle Merkel K2 Custom Stalking Rifle Model 1885 High Wall Rifle Navy Arms #2 Creedmoor Rifle Navy Arms 1873 John Bodine Rolling Black Rifle Navy Arms 1873 Springfield Cavalry Carbine Navy Arms 1874 Sharps Rifles Navy Arms 1874 1885 High Wall Rifles Navy Arms Rolling Block Buffalo Rifle Navy Arms Sharps “Quigley” Rifle Navy Arms Sharps Cavalry Carbine Navy Arms Sharps Plains Rifle New England Firearms Handi-Rifle New England Firearms Sportster/Versa Pack Rifle New England Firearms Survivor Rifle Red Willow Armory Ballard No. 1.5 Hunting Rifle Red Willow Armory Ballard No. 4.5 Target Rifle Red Willow Armory Ballard No. 5 Pacific Red Willow Armory Ballard No. 8 Union Hill Rifle Red Willow Armory Ballard Rifles Remington Model Rolling Block Rifles Remington Model SPR18 Blued Remington Model SPR18 Nickel Remington Model SPR18 Single Shot Rifle Remington-Style Rolling Block Carbine Rossi Match Pairs Rifles Rossi Single Shot Rifles Rossi Wizard Ruger No. 1 RSI International Ruger No. 1 Stainless Sporter Ruger No. 1 Stainless Standard Ruger No. 1A Light Sporter Ruger No. 1B Single Shot Ruger No. 1H Tropical Rifle Ruger No. 1S Medium Sporter Ruger No. 1V Special Varminter Sharps 1874 Old Reliable Shiloh 1875 Rifles Shiloh Sharps 1874 Business Rifle Shiloh Sharps 1874 Long Range Express Shiloh Sharps 1874 Military Carbine Shiloh Sharps 1874 Military Rifle Shiloh Sharps 1874 Montana Roughrider Shiloh Sharps Creedmoor Target Thompson/Center Contender Carbine Thompson/Center Contender Carbine Survival System Thompson/Center Contender Carbine Youth Model Thompson/Center Encore Thompson/Center Stainless Contender Carbine Thompson/Center TCR ’87 Single Shot Rifle Thompson/Encore Rifles Traditions 1874 Sharps Deluxe Rifle Traditions 1874 Sharps Standard Rifle Traditions Rolling Block Sporting Rifle Uberti (Stoeger Industries) Sharps Rifles Uberti 1871 Rolling Block Rifle/Carbine Uberti 1874 Sharps Sporting Rifle Uberti 1885 High Wall Rifles Uberti Rolling Block Baby Carbine Uberti Springfield Trapdoor Carbine/Rifle Drillings, Combination Guns, Double Rifles A. Zoli Rifle-Shotgun O/U Combo Auguste Francotte Boxlock Double Rifle Auguste Francotte Sidelock Double Rifles Baikal IZH–94 Express Baikal MP94– (IZH–94) O/U Beretta Express SSO O/U Double Rifles Beretta Model 455 SxS Express Rifle Chapuis RGExpress Double Rifle CZ 584 SOLO Combination Gun CZ 589 Stopper O/U Gun Dakota Double Rifle Garbi Express Double Rifle Harrington & Richardson Survivor Harrington & Richardson Synthetic Handi-Rifle/Slug Gun Combo Heym Model 55B O/U Double Rifle Heym Model 55FW O/U Combo Gun Heym Model 88b Side-by-Side Double Rifle Hoenig Rotary Round Action Combination Rifle Hoenig Rotary Round Action Double Rifle Kodiak Mk. IV Double Rifle Kreighoff Teck O/U Combination Gun Kreighoff Trumpf Drilling Krieghoff Drillings Lebeau-Courally Express Rifle 5X5 Merkel Boxlock Double Rifles Merkel Drillings Merkel Model 160 Side-by-Side Double Rifles Merkel Over/Under Combination Guns Merkel Over/Under Double Rifles Remington Model SPR94 .410/Rimfire Remington Model SPR94 12 Gauge/Centerfire Rizzini Express 90L Double Rifle Savage 24F O/U Combination Gun Savage 24F–12T Turkey Gun Springfield Inc. M6 Scout Rifle/Shotgun Tikka Model 412s Combination Gun Tikka Model 412S Double Fire Rimfire Rifles—Autoloaders AMT Lightning 25/22 Rifle AMT Lightning Small-Game Hunting Rifle II AMT Magnum Hunter Auto Rifle Anschutz 525 Deluxe Auto Armscor Model 20P Auto Rifle Browning Auto .22 Rifles Browning Auto-22 Rifle Browning Auto-22 Grade VI Browning BAR .22 Auto Rifle Browning SA–22 Semi-Auto 22 Rifle Henry U.S. Survival .22 Henry U.S. Survival Rifle AR–7 Krico Model 260 Auto Rifle Lakefield Arms Model 64B Auto Rifle Marlin Model 60 Self Loading Rifles Marlin Model 60C Marlin Model 60SB Marlin Model 60S–CF Marlin Model 60SN Marlin Model 60ss Self-Loading Rifle Marlin Model 70 Auto-loading Rifles Marlin Model 70 HC Auto Marlin Model 70P Papoose Marlin Model 70PSS Marlin Model 795 Marlin Model 795SS Marlin Model 922 Magnum Self-Loading Rifle Marlin Model 990l Self-Loading Rifle Marlin Model 995 Self-Loading Rifle Mossberg 702 Plinkster Norinco Model 22 ATD Rifle Remington 552BDL Speedmaster Rifle Remington Model 522 Viper Autoloading Rifle Remington Model 597 Blaze Camo Remington Model 597 Pink Camo Remington Model 597 Synthetic Scope Combo Ruger 10/22 Autoloading Carbine (w/o folding stock) Ruger 10/22 Compact Ruger 10/22 Sporter Ruger 10/22 Target Survival Arms AR–7 Explorer Rifle Texas Remington Revolving Carbine Thompson/Center R–55 All-Weather Thompson/Center R–55 Benchmark Thompson/Center R–55 Classic Thompson/Center R–55 Rifles Thompson/Center R–55 Sporter Voere Model 2115 Auto Rifle Rimfire Rifles—Lever & Slide Action Browning BL–22 Lever-Action Rifle Henry .22 Lever Action Rifles, All Models Henry Golden Boy .17 HMR Henry Golden Boy .22 Henry Golden Boy .22 Magnum Henry Golden Boy Deluxe Henry Lever .22 Magnum Henry Lever Action .22 Henry Lever Carbine .22 Henry Lever Octagon .22 Henry Lever Octagon .22 Magnum Henry Lever Youth Model .22 Henry Pump Action Octagon .22 Henry Pump Action Octagon .22 Magnum Henry Varmint Express .17 HMR Marlin 39TDS Carbine Marlin Model 39A Golden Lever Action Marlin Model 39AS Golden Lever-Action Rifle Mossberg Model 464 Rimfire Lever Action Rifle Norinco EM–321 Pump Rifle Remington 572BDL Fieldmaster Pump Rifle Rossi Model 62 SA Pump Rifle Rossi Model 62 SAC Carbine Rossi Model G2 Gallery Rifle Ruger Model 96 Lever-Action Rifle Taurus Model 62-Pump Taurus Model 72 Pump Rifle Winchester Model 9422 Lever-Action Rifle Winchester Model 9422 Magnum Lever-Action Rifle Rimfire Rifles—Bolt Actions & Single Shots Anschutz 1416D/1516D Classic Rifles Anschutz 1418D/1518D Mannlicher Rifles Anschutz 1700 FWT Bolt-Action Rifle Anschutz 1700D Bavarian Bolt-Action Rifle Anschutz 1700D Classic Rifles Anschutz 1700D Custom Rifles Anschutz 1700D Graphite Custom Rifle Anschutz 1702 D H B Classic Anschutz 1713 Silhouette Anschutz Achiever Anschutz Achiever Bolt-Action Rifle Anschutz All other Bolt Action Rimfire Models Anschutz Kadett Anschutz Model 1502 D Classic Anschutz Model 1517 D Classic Anschutz Model 1517 MPR Multi Purpose Anschutz Model 1517 S–BR Anschutz Model 1710 D KL Anschutz Model 1717 Classic Anschutz Model 1717 Silhouette Sporter Anschutz Model G4 MPB Anschutz Model Woodchucker Armscor Model 14P Bolt-Action Rifle Armscor Model 1500 Rifle Beeman/HW 60–J–ST Bolt-Action Rifle BRNO ZKM 452 Deluxe BRNO ZKM–456 Lux Sporter BRNO ZKM–452 Deluxe Bolt-Action Rifle Browning A-Bolt 22 Bolt-Action Rifle Browning A-Bolt Gold Medallion Browning T-Bolt Rimfire Rifles Cabanas Espronceda IV Bolt-Action Rifle Cabanas Leyre Bolt-Action Rifle Cabanas Master Bolt-Action Rifle Cabanas Phaser Rifle Chipmunk Single Shot Rifle Cooper Arms Model 36S Sporter Rifle Cooper Model 57–M Bolt Action Rifle CZ 452 Bolt Action Rifles Dakota 22 Sporter Bolt-Action Rifle Davey Crickett Single Shot Rifle Harrington & Richardson Sportster Harrington & Richardson Sportster 17 Hornady Magnum Rimfire Harrington & Richardson Sportster Compact Henry Mini Henry Acu-Bolt .22 Henry Mini Bolt Youth .22 Kimber Bolt Action .22 Rifles Krico Model 300 Bolt-Action Rifles Lakefield Arms Mark I Bolt-Action Rifle Lakefield Arms Mark II Bolt-Action Rifle Magtech Model MT Bolt Action Rifle Magtech Model MT–22C Bolt-Action Rifle Marlin Model 15YN Little Buckaroo Marlin Model 25MN Bolt-Action Rifle Marlin Model 25N Bolt-Action Repeater Marlin Model 880 Bolt-Action Rifle Marlin Model 881 Bolt-Action Rifle Marlin Model 882 Bolt-Action Rifle Marlin Model 883 Bolt-Action Rifle Marlin Model 883SS Bolt-Action Rifle Marlin Model 915 YN Little Buckaroo Marlin Model 915Y (Compact) Marlin Model 915YS (Compact) Marlin Model 917 Marlin Model 917S Marlin Model 917V Marlin Model 917VR Marlin Model 917VS Marlin Model 917VS–CF Marlin Model 917VSF Marlin Model 917VST Marlin Model 917VT Marlin Model 925 Marlin Model 925C Marlin Model 925M Marlin Model 925R Marlin Model 925RM Marlin Model 980S Marlin Model 980S–CF Marlin Model 981T Marlin Model 982 Bolt Action Rifle Marlin Model 982VS Marlin Model 982VS–CF Marlin Model 983 Marlin Model 983S Marlin Model 983T Marlin Model XT–17 Series Bolt Action Rifles Marlin Model XT–22 Series Bolt Action Rifles Mauser Model 107 Bolt-Action Rifle Mauser Model 201 Bolt-Action Rifle Meacham Low-Wall Rifle Mossberg Model 801/802 Bolt Rifles Mossberg Model 817 Varmint Bolt Action Rifle Navy Arms TU–33/40 Carbine Navy Arms TU–KKW Sniper Trainer Navy Arms TU–KKW Training Rifle New England Firearms Sportster Single Shot Rifles Norinco JW–15 Bolt-Action Rifle Norinco JW–27 Bolt-Action Rifle Remington 40–XR Rimfire Custom Sporter Remington 541–T Remington 541–T HB Bolt-Action Rifle Remington 581–S Sportsman Rifle Remington Model Five Remington Model Five Youth Rossi Matched Pair Single Shot Rifle Ruger 77/17 Ruger 77/22 Ruger 77/22 Rimfire Bolt-Action Rifle Ruger 77/44 Ruger K77/22 Varmint Rifle Savage CUB T Mini Youth Savage Mark I–G Bolt Action Savage Mark II Bolt Action Rifles Savage Model 30 G Stevens Favorite Savage Model 93 Rifles Thompson/Center Hotshot Youth Rifle Ultra Light Arms Model 20 RF Bolt-Action Rifle Winchester Model 52B Sporting Rifle Winchester Wildcat Bolt Action Rifle 22 Competition Rifles—Centerfire & Rimfire Anschutz 1803D Intermediate Match Anschutz 1808D RT Super Match 54 Target Anschutz 1827B Biathlon Rifle Anschutz 1827BT Fortner Biathlon Rifle Anschutz 1903 Rifles Anschutz 1903D Match Rifle Anschutz 1907 Match Rifle Anschutz 1910 Super Match II Anschutz 1911 Match Rifle Anschutz 1912 Rifles Anschutz 1913 Super Match Rifle Anschutz 54.18MS REP Deluxe Silhouette Rifle Anschutz 54.18MS Silhouette Rifle Anschutz 64 MP R Silhouette Rifle Anschutz 64–MS Left Silhouette Anschutz Super Match 54 Target Model 2007 Anschutz Super Match 54 Target Model 2013 Beeman/Feinwerkbau 2600 Target Rifle Cooper Arms Model TRP–1 ISU Standard Rifle E.A.A./HW 60 Target Rifle E.A.A./HW 660 Match Rifle E.A.A./Weihrauch HW 60 Target Rifle Ed Brown Model 704, M40A2 Marine Sniper Finnish Lion Standard Target Rifle Krico Model 360 S2 Biathlon Rifle Krico Model 360S Biathlon Rifle Krico Model 400 Match Rifle Krico Model 500 Kricotronic Match Rifle Krico Model 600 Match Rifle Krico Model 600 Sniper Rifle Lakefield Arms Model 90B Target Rifle Lakefield Arms Model 91T Target Rifle Lakefield Arms Model 92S Silhouette Rifle Marlin Model 2000 Target Rifle Mauser Model 86–SR Specialty Rifle McMillan 300 Phoenix Long Range Rifle McMillan Long Range Rifle McMillan M–86 Sniper Rifle McMillan M–89 Sniper Rifle McMillan National Match Rifle Parker-Hale M–85 Sniper Rifle Parker-Hale M–87 Target Rifle Remington 40–X Bolt Action Rifles Remington 40–XB Rangemaster Target Centerfire Remington 40–XBBR KS Remington 40–XC KS National Match Course Rifle Remington 40–XR KS Rimfire Position Rifle Sako TRG–21 Bolt-Action Rifle Sako TRG–22 Bolt Action Rifle Springfield Armory M–1 Garand Steyr-Mannlicher SSG Rifles Steyr-Mannlicher Match SPG–UIT Rifle Steyr-Mannlicher SSG P–I Rifle Steyr-Mannlicher SSG P–II Rifle Steyr-Mannlicher SSG P–III Rifle Steyr-Mannlicher SSG P–IV Rifle Tanner 300 Meter Free Rifle Tanner 50 Meter Free Rifle Tanner Standard UIT Rifle Time Precision 22RF Bench Rifle Wichita Silhouette Rifle Shotguns—Autoloaders American Arms American Arms/Franchi Black Magic 48/AL Benelli Bimillionaire Benelli Black Eagle Competition Auto Shotgun Benelli Cordoba Benelli Executive Series Benelli Legacy Model Benelli M1 Benelli M1 Defense Benelli M1 Tactical Benelli M1014 Limited Edition Benelli M2 Benelli M2 Field Steady Grip Benelli M2 Practical Benelli M2 Tactical Benelli M2 American Series Benelli M3 Convertible Benelli M4 Models Vinci Steady Grip Benelli Montefeltro Super 90 20-Gauge Shotgun Benelli Montefeltro Super 90 Shotgun Benelli Raffaello Series Shotguns Benelli Sport Model Benelli Super 90 M1 Field Model Benelli Super Black Eagle II Models Benelli Super Black Eagle II Steady Grip Benelli Super Black Eagle Models Benelli Super Black Eagle Shotgun Benelli Super Black Eagle Slug Gun Benelli Super Vinci Benelli Supersport Benelli Two-Gun Sets Benelli Ultralight Benelli Vinci Beretta 390 Field Auto Shotgun Beretta 390 Super Trap, Super Skeet Shotguns Beretta 3901 Citizen Beretta 3901 Rifled Slug Gun Beretta 3901 Statesman Beretta A–303 Auto Shotgun Beretta A400 Series Beretta AL–2 Models Beretta AL–3 Deluxe Trap Beretta AL390 Series Beretta AL391 Teknys Gold Beretta AL391 Teknys Gold Sporting Beretta AL391 Teknys Gold Target Beretta AL391 Urika 2 Camo AP Beretta AL391 Urika 2 Camo Max-4 Beretta AL391 Urika 2 Classic Beretta AL391 Urika 2 Gold Beretta AL391 Urika 2 Gold Sporting Beretta AL391 Urika 2 Parallel Target SL Beretta AL391 Urika 2 Sporting Beretta AL391 Urika 2 Synthetic Beretta ES100 Pintail Series Beretta Model 1200 Field Beretta Model 1201F Auto Shotgun Beretta Model 300 Beretta Model 301 Series Beretta Model 302 Series Beretta Model 60 Beretta Model 61 Beretta Model A304 Lark Beretta Model AL391 Series Beretta Model TX4 Storm Beretta Silver Lark Beretta UGB25 Xcel Beretta Vittoria Auto Shotgun Beretta Xtrema2 Breda Altair Breda Altair Special Breda Aries 2 Breda Astro Breda Astrolux Breda Echo Breda Ermes Series Breda Gold Series Breda Grizzly Breda Mira Breda Standard Series Breda Xanthos Brolin BL–12 Brolin SAS–12 Browning A–500G Auto Shotgun Browning A–500G Sporting Clays Browning A–500R Auto Shotgun Browning Auto-5 Light 12 and 20 Browning Auto-5 Magnum 12 Browning Auto-5 Magnum 20 Browning Auto-5 Stalker Browning B2000 Series Browning BSA 10 Auto Shotgun Browning BSA 10 Stalker Auto Shotgun Browning Gold Series Browning Maxus Series Charles Daly Field Grade Series Charles Daly Novamatic Series Charles Daly Tactical Churchill Regent Churchill Standard Model Churchill Turkey Automatic Shotgun Churchill Windsor Cosmi Automatic Shotgun CZ 712 CZ 720 CZ 912 Escort Escort Series European American Armory (EAA) Bundra Series Fabarms Ellegi Series Fabarms Lion Series Fabarms Tactical FNH USA Model SLP Franchi 610VS Franchi 612 Series Franchi 620 Franchi 712 Franchi 720 Franchi 912 Franchi AL 48 Franchi AL 48 Series Franchi Elite Franchi I–12 Inertia Series Franchi Prestige H&K Model 512 H&R Manufrance H&R Model 403 Hi-Standard 10A Hi-Standard 10B Hi-Standard Semi Automatic Model Hi-Standard Supermatic Series Ithaca Mag-10 Ithaca Model 51 Series LaSalle Semi-automatic Ljutic Bi-matic Autoloader Luger Ultra-light Model Marlin SI 12 Series Maverick Model 60 Auto Shotgun Model AL–1 Mossberg 1000 Mossberg Model 600 Auto Shotgun Mossberg Model 930 All-Purpose Field Mossberg Model 930 Slugster Mossberg Model 930 Turkey Mossberg Model 930 Waterfowl Mossberg Model 935 Magnum Combos Mossberg Model 935 Magnum Flyway Series Waterfowl Mossberg Model 935 Magnum Grand Slam Series Turkey Mossberg Model 935 Magnum Turkey Mossberg Model 935 Magnum Waterfowl New England Firearms Excell Auto Combo New England Firearms Excell Auto Synthetic New England Firearms Excell Auto Turkey New England Firearms Excell Auto Walnut New England Firearms Excell Auto Waterfowl Nighthawk Tactical Semi-auto Ottomanguns Sultan Series Remington 105Ti Series Remington 1100 20-Gauge Deer Gun Remington 1100 LT–20 Auto Remington 1100 LT–20 Tournament Skeet Remington 1100 Special Field Remington 11–48 Series Remington 11–96 Series Remington Model 105 Cti Remington Model 11 Series Remington Model 1100 Classic Trap Remington Model 1100 Competition Remington Model 1100 G3 Remington Model 1100 G3 Remington Model 1100 Series Remington Model 1100 Shotgun Remington Model 1100 Sporting Series Remington Model 11–87 Sportsman Camo Remington Model 11–87 Sportsman Super Mag Synthetic Remington Model 11–87 Sportsman Super Mag Waterfowl Remington Model 11–87 Sportsman Synthetic Remington Model 11–87 Sportsman Youth Remington Model 11–87 Sportsman Youth Synthetic Remington Model 48 Series Remington Model 58 Series Remington Model 870 Classic Trap Remington Model 878A Automaster Remington Model SP–10 Magnum Satin Remington Model SP–10 Waterfowl Remington Model SPR453 Remington Versa-Max Series Savage Model 720 Savage Model 726 Savage Model 740C Skeet Gun Savage Model 745 Savage Model 755 Series Savage Model 775 Series Scattergun Technologies K–9 Scattergun Technologies SWAT Scattergun Technologies Urban Sniper Model SKB 1300 Upland SKB 1900 SKB 300 Series SKB 900 Series SKS 3000 Smith & Wesson Model 1000 Smith & Wesson Model 1012 Series Spartan Gun Works SPR453 TOZ Model H–170 Tri-Star Diana Series Tri-Star Phantom Series Tri-Star Viper Series Tula Arms Plant TOZ 87 Verona 401 Series Verona 405 Series Verona 406 Series Verona SX801 Series Weatherby Centurion Series Weatherby Field Grade Weatherby Model 82 Weatherby SA–08 Series Weatherby SA–459 TR Weatherby SAS Series Winchester 1500 Winchester Model 50 Winchester Model 59 Winchester Super X1 Series Winchester Super X2 Series Winchester Super X3 Series Shotguns—Slide Actions ADCO Diamond Grade ADCO Diamond Series Shotguns ADCO Mariner Model ADCO Sales Inc. Gold Elite Series Armscor M–30 Series Armscor M–5 Baikal IZH–81 Baikal MP133 Benelli Nova Series Benelli Supernova Series Beretta Ariete Standard Beretta Gold Pigeon Pump Beretta Model SL–12 Beretta Ruby Pigeon Pump Beretta Silver Pigeon Pump Brolin Field Series Brolin Lawman Model Brolin Slug Special Brolin Slugmaster Brolin Turkey Master Browning BPS Game Gun Deer Special Browning BPS Game Gun Turkey Special Browning BPS Pigeon Grade Pump Shotgun Browning BPS Pump Shotgun Browning BPS Pump Shotgun (Ladies and Youth Model) Browning BPS Series Pump Shotgun Browning BPS Stalker Pump Shotgun Browning Model 12 Limited Edition Series Browning Model 42 Pump Shotgun Century IJ12 Slide Action Century Ultra 87 Slide Action Charles Daly Field Hunter Ducks Unlimited Dinner Guns EAA Model PM2 Escort Field Series Fort Worth Firearms GL18 H&R Pardner Pump Hi-Standard Flite-King Series Hi-Standard Model 200 Interstate Arms Model 981 Interstate Arms Model 982T Ithaca Deerslayer II Rifled Shotgun Ithaca Model 87 Deerslayer Shotgun Ithaca Model 87 Deluxe Pump Shotgun Ithaca Model 87 Series Shotguns Ithaca Model 87 Supreme Pump Shotgun Ithaca Model 87 Turkey Gun Magtech Model 586–VR Pump Shotgun Maverick Models 88, 91 Pump Shotguns Mossberg 200 Series Shotgun Mossberg 3000 Pump shotgun Mossberg 535 ATS Series Pump Shotguns Mossberg Field Grade Model 835 Pump Shotgun Mossberg Model 500 All Purpose Field Mossberg Model 500 Bantam Mossberg Model 500 Bantam Combo Mossberg Model 500 Bantam Pump Mossberg Model 500 Camo Pump Mossberg Model 500 Combos Mossberg Model 500 Flyway Series Waterfowl Mossberg Model 500 Grand Slam Series Turkey Mossberg Model 500 Muzzleloader Mossberg Model 500 Muzzleloader Combo Mossberg Model 500 Series Pump Shotguns Mossberg Model 500 Slugster Mossberg Model 500 Sporting Pump Mossberg Model 500 Super Bantam All Purpose Field Mossberg Model 500 Super Bantam Combo Mossberg Model 500 Super Bantam Slug Mossberg Model 500 Super Bantam Turkey Mossberg Model 500 Trophy Slugster Mossberg Model 500 Turkey Mossberg Model 500 Waterfowl Mossberg Model 505 Series Pump Shotguns Mossberg Model 505 Youth All Purpose Field Mossberg Model 535 ATS All Purpose Field Mossberg Model 535 ATS Combos Mossberg Model 535 ATS Slugster Mossberg Model 535 ATS Turkey Mossberg Model 535 ATS Waterfowl Mossberg Model 835 Regal Ulti-Mag Pump Mossberg Model 835 Series Pump Shotguns Mossberg Model 835 Ulti-Mag Mossberg Turkey Model 500 Pump National Wild Turkey Federation (NWTF) Banquet/Guns of the Year New England Firearms Pardner Pump Combo New England Firearms Pardner Pump Field New England Firearms Pardner Pump Slug Gun New England Firearms Pardner Pump Synthetic New England Firearms Pardner Pump Turkey Gun New England Firearms Pardner Pump Walnut New England Firearms Pardner Pump-Compact Field New England Firearms Pardner Pump-Compact Synthetic New England Firearms Pardner Pump-Compact Walnut Norinco Model 98 Field Series Norinco Model 983 Norinco Model 984 Norinco Model 985 Norinco Model 987 Orvis Grand Vazir Series Quail Unlimited Limited Edition Pump Shotguns Remington 870 Express Remington 870 Express Rifle Sighted Deer Gun Remington 870 Express Series Pump Shotguns Remington 870 Express Turkey Remington 870 High Grade Series Remington 870 High Grades Remington 870 Marine Magnum Remington 870 Special Field Remington 870 Special Purpose Deer Gun Remington 870 Special Purpose Synthetic Camo Remington 870 SPS Special Purpose Magnum Remington 870 SPS–BG–Camo Deer/Turkey Shotgun Remington 870 SPS–Deer Shotgun Remington 870 SPS–T Camo Pump Shotgun Remington 870 TC Trap Remington 870 Wingmaster Remington 870 Wingmaster Series Remington 870 Wingmaster Small Gauges Remington Model 11–87 XCS Super Magnum Waterfowl Remington Model 870 Ducks Unlimited Series Dinner Pump Shotguns Remington Model 870 Express Remington Model 870 Express JR. Remington Model 870 Express Shurshot Synthetic Cantilever Remington Model 870 Express Super Magnum Remington Model 870 Express Synthetic Remington Model 870 Express Youth Gun Remington Model 870 Express Youth Synthetic Remington Model 870 SPS Shurshot Synthetic Cantilever Remington Model 870 SPS Shurshot Synthetic Turkey Remington Model 870 SPS Special Purpose Magnum Series Pump Shotguns Remington Model 870 SPS Super Mag Max Gobbler Remington Model 870 XCS Marine Magnum Remington Model 870 XCS Super Magnum Winchester 12 Commercial Riot Gun Winchester 97 Commercial Riot Gun Winchester Model 12 Pump Shotgun Winchester Model 120 Ranger Winchester Model 1200 Series Shotgun Winchester Model 1300 Ranger Pump Gun Winchester Model 1300 Ranger Pump Gun Combo & Deer Gun Winchester Model 1300 Series Shotgun Winchester Model 1300 Slug Hunter Deer Gun Winchester Model 1300 Turkey Gun Winchester Model 1300 Walnut Pump Winchester Model 42 High Grade Shotgun Winchester Speed Pump Defender Winchester SXP Series Pump Shotgun Zoli Pump Action Shotgun Shotguns—Over/Unders ADCO Sales Diamond Series Shotguns American Arms/Franchi Falconet 2000 O/U American Arms Lince American Arms Silver I O/U American Arms Silver II Shotgun American Arms Silver Skeet O/U American Arms Silver Sporting O/U American Arms Silver Trap O/U American Arms WS/OU 12, TS/OU 12 Shotguns American Arms WT/OU 10 Shotgun American Arms/Franchi Sporting 2000 O/U Armsport 2700 O/U Goose Gun Armsport 2700 Series O/U Armsport 2900 Tri-Barrel Shotgun AYA Augusta AYA Coral A AYA Coral B AYA Excelsior AYA Model 37 Super AYA Model 77 AYA Model 79 Series Baby Bretton Over/Under Shotgun Baikal IZH27 Baikal MP310 Baikal MP333 Baikal MP94 Beretta 90 DE LUXE Beretta 682 Gold E Skeet Beretta 682 Gold E Trap Beretta 682 Gold E Trap Bottom Single Beretta 682 Series Beretta 682 Super Sporting O/U Beretta 685 Series Beretta 686 Series Beretta 686 White Onyx Beretta 686 White Onyx Sporting Beretta 687 EELL Classic Beretta 687 EELL Diamond Pigeon Beretta 687 EELL Diamond Pigeon Sporting Beretta 687 series Beretta 687EL Sporting O/U Beretta Alpha Series Beretta America Standard Beretta AS Beretta ASE 90 Competition O/U Shotgun Beretta ASE 90 Gold Skeet Beretta ASE Gold Beretta ASE Series Beretta ASEL Beretta BL Sereis Beretta DT10 Series Beretta DT10 Trident EELL Beretta DT10 Trident L Sporting Beretta DT10 Trident Skeet Beretta DT10 Trident Sporting Beretta DT10 Trident Trap Combo Beretta Europa Beretta Field Shotguns Beretta Gamma Series Beretta Giubileo Beretta Grade Four Beretta Grade One Beretta Grade Three Beretta Grade Two Beretta Milano Beretta Model 686 Ultralight O/U Beretta Model SO5, SO6, SO9 Shotguns Beretta Onyx Hunter Sport O/U Shotgun Beretta Over/Under Field Shotguns Beretta Royal Pigeon Beretta S56 Series Beretta S58 Series Beretta Series 682 Competition Over/Unders Beretta Silver Pigeon II Beretta Silver Pigeon II Sporting Beretta Silver Pigeon III Beretta Silver Pigeon III Sporting Beretta Silver Pigeon IV Beretta Silver Pigeon S Beretta Silver Pigeon V Beretta Silver Snipe Beretta Skeet Set Beretta SO–1 Beretta SO–2 Beretta SO–3 Beretta SO–4 Beretta SO5 Beretta SO6 EELL Beretta SO–10 Beretta SO10 EELL Beretta Sporting Clay Shotguns Beretta SV10 Perennia Beretta Ultralight Beretta Ultralight Deluxe Bertuzzi Zeus Bertuzzi Zeus Series Beschi Boxlock Model Big Bear Arms IJ–39 Big Bear Arms Sterling Series Big Bear IJ–27 Blaser F3 Series Bosis Challenger Titanium Bosis Laura Bosis Michaelangelo Bosis Wild Series Boss Custom Over/Under Shotguns Boss Merlin Boss Pendragon Breda Pegaso Series Breda Sirio Standard Breda Vega Series Bretton Baby Standard Bretton Sprint Deluxe BRNO 500/501 BRNO 502 BRNO 801 Series BRNO 802 Series BRNO BS–571 BRNO BS–572 BRNO ZH–300 BRNO ZH–301 BRNO ZH–302 BRNO ZH–303 Browning 325 Sporting Clays Browning 625 Series Browning 725 Series Browning B–25 Series Browning B–26 Series Browning B–27 Series Browning B–125 Custom Shop Series Browning Citori 525 Series Browning Citori GTI Sporting Clays Browning Citori Lightning Series Browning Citori O/U Shotgun Browning Citori O/U Skeet Models Browning Citori O/U Trap Models Browning Citori Plus Trap Combo Browning Citori Plus Trap Gun Browning Cynergy Series Browning Diana Grade Browning Lightning Sporting Clays Browning Micro Citori Lightning Browning Midas Grade Browning Special Sporting Clays Browning Sporter Model Browning ST–100 Browning Superlight Citori Over/Under Browning Superlight Citori Series Browning Superlight Feather Browning Superposed Pigeon Grade Browning Superposed Standard BSA Falcon BSA O/U BSA Silver Eagle Cabela’s Volo Caprinus Sweden Model Centurion Over/Under Shotgun Century Arms Arthemis Chapuis Over/Under Shotgun Charles Daly Country Squire Model Charles Daly Deluxe Model Charles Daly Diamond Series Charles Daly Empire Series Charles Daly Field Grade O/U Charles Daly Lux Over/Under Charles Daly Maxi-Mag Charles Daly Model 105 Charles Daly Model 106 Charles Daly Model 206 Charles Daly Over/Under Shotguns, Japanese Manufactured Charles Daly Over/Under Shotguns, Prussian Manufactured Charles Daly Presentation Model Charles Daly Sporting Clays Model Charles Daly Superior Model Charles Daly UL Churchill Imperial Model Churchill Monarch Churchill Premiere Model Churchill Regent Trap and Skeet Churchill Regent V Churchill Sporting Clays Churchill Windsor III Churchill Windsor IV Classic Doubles Model 101 Series Cogswell & Harrison Woodward Type Connecticut Shotgun Company A. Galazan Model Connecticut Shotgun Company A–10 American Connecticut Valley Classics Classic Field Waterfowler Connecticut Valley Classics Classic Sporter O/U Continental Arms Centaure Series Cortona Over/Under Shotguns CZ 581 Solo CZ Canvasback 103D CZ Limited Edition CZ Mallard 104A CZ Redhead Deluxe 103FE CZ Sporting CZ Super Scroll Limited Edition CZ Upland Ultralight CZ Wingshooter Dakin Arms Model 170 Darne SB1 Darne SB2 Darne SB3 Depar ATAK Doumoulin Superposed Express Ducks Unlimited Dinner Guns/Guns of the Year, Over/Under Models Dumoulin Boss Royal Superposed E.A.A. Falcon E.A.A. Scirocco Series E.A.A./Sabatti Falcon-Mon Over/Under E.A.A./Sabatti Sporting Clays Pro-Gold O/U ERA Over/Under Famars di Abbiatico & Salvinelli Aries Famars di Abbiatico & Salvinelli Castrone Famars di Abbiatico & Salvinelli Dove Gun Famars di Abbiatico & Salvinelli Excaliber Series Famars di Abbiatico & Salvinelli Jorema Famars di Abbiatico & Salvinelli Leonardo Famars di Abbiatico & Salvinelli Pegasus Famars di Abbiatico & Salvinelli Posiden Famars di Abbiatico & Salvinelli Quail Gun Famars di Abbiatico & Salvinelli Royal Famars di Abbiatico & Salvinelli Royale Fausti Boutique Series Fausti Caledon Series Fausti Class Series Ferlib Boss Model Finnclassic 512 Series Franchi 2004 Trap Franchi 2005 Combination Trap Franchi Alcione Series Franchi Aristocrat Series Franchi Black Majic Franchi Falconet Series Franchi Instict Series Franchi Model 2003 Trap Franchi Renaissance Series Franchi Sporting 2000 Franchi Undergun Model 3000 Franchi Veloce Series Galef Golden Snipe Galef Silver Snipe Golden Eagle Model 5000 Series Griffon & Howe Black Ram Griffon & Howe Broadway Griffon & Howe Claremont Griffon & Howe Madison Griffon & Howe Silver Ram Griffon & Howe Superbrite Guerini Apex Series Guerini Challenger Sporting Guerini Ellipse Evo Guerini Ellipse Evolution Sporting Guerini Ellipse Limited Guerini Essex Field Guerini Flyaway Guerini Forum Series Guerini Magnus Series Guerini Maxum Series Guerini Summit Series Guerini Tempio Guerini Woodlander H&R Harrich #1 H&R Model 1212 H&R Model 1212WF H&R Pinnacle Hatfields Hatfield Model 1 of 100 Heym Model 55 F Heym Model 55 SS Heym Model 200 Holland & Holland Royal Series Holland & Holland Sporting Model IGA 2000 Series IGA Hunter Series IGA Trap Series IGA Turkey Series IGA Waterfowl Series K.F.C. E–2 Trap/Skeet K.F.C. Field Gun Kassnar Grade I O/U Shotgun KDF Condor Khan Arthemis Field/Deluxe Kimber Augusta Series Kimber Marias Series Krieghoff K–80 Four-Barrel Skeet Set Krieghoff K–80 International Skeet Krieghoff K–80 O/U Trap Shotgun Krieghoff K–80 Skeet Shotgun Krieghoff K–80 Sporting Clays O/U Krieghoff K–80/RT Shotguns Krieghoff Model 20 Sporting/Field Krieghoff Model 32 Series Lames Field Model Lames Skeet Model Lames Standard Model Lames California Model Laurona Model 67 Laurona Model 82 Series Laurona Model 83 Series Laurona Model 84 Series Laurona Model 85 Series Laurona Model 300 Series Laurona Silhouette 300 Sporting Clays Laurona Silhouette 300 Trap Laurona Super Model Over/Unders Lebeau Baron Series Lebeau Boss Verres Lebeau Boxlock with sideplates Lebeau Sidelock Lebeau Versailles Lippard Custom Over/Under Shotguns Ljutic LM–6 Deluxe O/U Shotgun Longthorne Hesketh Game Gun Longthorne Sporter Marlin Model 90 Marocchi Avanza O/U Shotgun Marocchi Conquista Over/Under Shotgun Marocchi Conquista Series Marocchi Model 100 Marocchi Model 99 Maverick HS–12 Tactical Maverick Hunter Field Model McMillan Over/Under Sidelock Merkel 201 Series Merkel 2016 Series Merkel 2116 EL Sidelock Merkel 303EL Luxus Merkel Model 100 Merkel Model 101 Merkel Model 101E Merkel Model 200E O/U Shotgun Merkel Model 200E Skeet, Trap Over/Unders Merkel Model 200SC Sporting Clays Merkel Model 203E, 303E Over/Under Shotguns Merkel Model 204E Merkel Model 210 Merkel Model 301 Merkel Model 302 Merkel Model 304E Merkel Model 310E Merkel Model 400 Merkel Model 400E Merkel Model 2000 Series Mossberg Onyx Reserve Field Mossberg Onyx Reserve Sporting Mossberg Silver Reserve Field Mossberg Silver Reserve Series Mossberg Silver Reserve Sporting Norinco Type HL12–203 Omega Standard Over/Under Model Orvis Field Orvis Knockabout Orvis Premier Grade Orvis SKB Green Mountain Uplander Orvis Sporting Clays Orvis Super Field Orvis Uplander Orvis Waterfowler Pederson Model 1000 Series Pederson Model 1500 Series Perazzi Boxlock Action Hunting Perazzi Competition Series Perazzi Electrocibles Perazzi Granditalia Perazzi Mirage Special Four-Gauge Skeet Perazzi Mirage Special Skeet Over/Under Perazzi Mirage Special Sporting O/U Perazzi MS80 Perazzi MT–6 Perazzi MX1/MX2 Perazzi MX3 Perazzi MX4 Perazzi MX5 Perazzi MX6 Perazzi MX7 Over/Under Shotguns Perazzi MX8/20 Over/Under Shotgun Perazzi MX8/MX8 Special Trap, Skeet Perazzi MX9 Single Over/Under Shotguns Perazzi MX10 Perazzi MX11 Perazzi MX12 Hunting Over/Under Perazzi MX14 Perazzi MX16 Perazzi MX20 Hunting Over/Under Perazzi MX28, MX410 Game O/U Shotguns Perazzi MX2000 Perazzi MX2005 Perazzi MX2008 Perazzi Sidelock Action Hunting Perazzi Sporting Classic O/U Perugini Maestro Series Perugini Michelangelo Perugini Nova Boss Pietro Zanoletti Model 2000 Field O/U Piotti Boss Over/Under Shotgun Pointer Italian Model Pointer Turkish Model Remington 396 Series Remington 3200 Series Remington Model 32 Series Remington Model 300 Ideal Remington Model 332 Series Remington Model SPR310 Remington Model SPR310N Remington Model SPR310S Remington Peerless Over/Under Shotgun Remington Premier Field Remington Premier Ruffed Grouse Remington Premier Series Remington Premier STS Competition Remington Premier Upland Richland Arms Model 41 Richland Arms Model 747 Richland Arms Model 757 Richland Arms Model 787 Richland Arms Model 808 Richland Arms Model 810 Richland Arms Model 828 Rigby 401 Sidelock Rota Model 650 Rota Model 72 Series Royal American Model 100 Ruger Red Label O/U Shotgun Ruger Sporting Clays O/U Shotgun Ruger Woodside Shotgun Rutten Model RM 100 Rutten Model RM285 S.I.A.C.E. Evolution S.I.A.C.E. Model 66C S.I.A.C.E.600T Lusso EL San Marco 10-Ga. O/U Shotgun San Marco 12-Ga. Wildflower Shotgun San Marco Field Special O/U Shotgun Sauer Model 66 Series Savage Model 242 Savage Model 420/430 Sig Sauer Aurora Series Sig Sauer SA–3 Sig Sauer SA–5 Silma Model 70 Series SKB Model 85 Series SKB Model 500 Series SKB Model 505 Deluxe Over/Under Shotgun SKB Model 505 Series SKB Model 600 Series SKB Model 605 Series SKB Model 680 Series SKB Model 685 Over/Under Shotgun SKB Model 685 Series SKB Model 700 Series SKB Model 785 Series SKB Model 800 Series SKB Model 880 Series SKB Model 885 Over/Under Trap, Skeet, Sporting Clays SKB Model 885 Series SKB Model 5600 Series SKB Model 5700 Series SKB Model 5800 Series SKB Model GC–7 Series Spartan SPR310/320 Stevens Model 240 Stevens Model 512 Stoeger/IGA Condor I O/U Shotgun Stoeger/IGA ERA 2000 Over/Under Shotgun Techni-Mec Model 610 Over/Under Tikka Model 412S Field Grade Over/Under Traditions 350 Series Traditions Classic Field Series Traditions Classic Upland Series Traditions Gold Wing Series Traditions Real 16 Series Tri Star Model 330 Series Tri-Star Hunter EX Tri-Star Model 300 Tri-Star Model 333 Series Tri-Star Setter Model Tri-Star Silver Series Tri-Star Sporting Model TULA 120 TULA 200 TULA TOZ34 Universal 7112 Universal 7312 Universal 7412 Universal 7712 Universal 7812 Universal 7912 Verona 501 Series Verona 680 Series Verona 702 Series Verona LX692 Series Verona LX980 Series Weatherby Athena Grade IV O/U Shotguns Weatherby Athena Grade V Classic Field O/U Weatherby Athena Series Weatherby Classic Field Models Weatherby II, III Classic Field O/Us Weatherby Orion II Classic Sporting Clays O/U Weatherby Orion II series Weatherby Orion II Sporting Clays O/U Weatherby Orion III Series Weatherby Orion O/U Shotguns Winchester Model 91 Winchester Model 96 Winchester Model 99 Winchester Model 101 All Models and Grades Winchester Model 1001 O/U Shotgun Winchester Model 1001 Series Winchester Model 1001 Sporting Clays O/U Winchester Model G5500 Winchester Model G6500 Winchester Select Series Zoli Condor Zoli Deluxe Model Zoli Dove Zoli Field Special Zoli Pigeon Model Zoli Silver Snipe Zoli Snipe Zoli Special Model Zoli Target Series Zoli Texas Zoli Z Series Zoli Z–90 Series Zoli Z-Sport Series Shotguns—Side by Sides Armas Azor Sidelock Model ADCO Sales Diamond Series Shotguns American Arms Brittany Shotgun American Arms Derby Side-by-Side American Arms Gentry Double Shotgun American Arms Grulla #2 Double Shotgun American Arms TS/SS 10 Double Shotgun American Arms TS/SS 12 Side-by-Side American Arms WS/SS 10 Arizaga Model 31 Double Shotgun Armes de Chasse Sidelock and Boxlock Shotguns Armsport 1050 Series Double Shotguns Arrieta Sidelock Double Shotguns Auguste Francotte Boxlock Shotgun Auguste Francotte Sidelock Shotgun AYA Boxlock Shotguns AYA Sidelock Double Shotguns Baikal IZH–43 Series Shotguns Baikal MP210 Series Shotguns Baikal MP213 Series Shotguns Baikal MP220 Series Shotguns Baker Gun Sidelock Models Baltimore Arms Co. Style 1 Baltimore Arms Co. Style 2 Bayard Boxlock and Sidelock Model Shotguns Beretta 450 series Shotguns Beretta 451 Series Shotguns Beretta 452 Series Shotguns Beretta 470 Series Shotguns Beretta Custom Grade Shotguns Beretta Francia Standard Beretta Imperiale Montecarlo Beretta Model 452 Sidelock Shotgun Beretta Omega Standard Beretta Side-by-Side Field Shotguns Beretta Verona/Bergamo Bertuzzi Ariete Hammer Gun Bertuzzi Model Orione Bertuzzi Venere Series Shotguns Beschi Sidelock and Boxlock Models Bill Hanus Birdgun Doubles Bosis Country SxS Bosis Hammer Gun Bosis Queen Sidelock Boss Robertson SxS Boss SxS Boswell Boxlock Model Boswell Feartherweight Monarch Grade Boswell Merlin Sidelock Boswell Sidelock Model Breda Andromeda Special BRNO ZP Series Shotguns Brown SxS Shotgun Browning B–SS Browning B–SS Belgian/Japanese Prototype Browning B–SS Sidelock Browning B–SS Sporter Bruchet Model A Bruchet Model B BSA Classic BSA Royal Cabela’s ATA Grade II Custom Cabela’s Hemingway Model Casartelli Sidelock Model Century Coach SxS Chapuis RGP Series Shotguns Chapuis RP Series Shotguns Chapuis Side-by-Side Shotgun Chapuis UGP Round Design SxS Charles Daly 1974 Wildlife Commemorative Charles Daly Classic Coach Gun Charles Daly Diamond SxS Charles Daly Empire SxS Charles Daly Model 306 Charles Daly Model 500 Charles Daly Model Dss Double Charles Daly Superior SxS Churchill Continental Series Shotguns Churchill Crown Model Churchill Field Model Churchill Hercules Model Churchill Imperial Model Churchill Premiere Series Shotguns Churchill Regal Model Churchill Royal Model Churchill Windsor Series Shotguns Cimarron Coach Guns Classic Doubles Model 201 Classic Clot 1878 Hammer Shotgun Cogswell & Harrison Sidelock and Boxlock Shotguns Colt 1883 Hammerless Colt SxS Shotgun Connecticut Shotgun Co. Model 21 Connecticut Shotgun Co. RBL Series Continental Arms Centaure Crescent SxS Model Crucelegui Hermanos Model 150 Double CZ Amarillo CZ Bobwhite CZ Competition CZ Deluxe CZ Durango CZ Grouse CZ Hammer Models CZ Partridge CZ Ringneck CZ Ringneck Target Dakin Model 100 Dakin Model 147 Dakin Model 160 Dakin Model 215 Dakota American Legend Dakota Classic Grade Dakota Classic Grade II Dakota Classic Grade III Dakota Premier Grade Dan Arms Deluxe Field Model Dan Arms Field Model Darne Sliding Breech Series Shotguns Davidson Arms Model 63B Davidson Arms Model 69SL Davidson Arms Model 73 Stagecoach Dumoulin Continental Model Dumoulin Etendard Model Dumoulin Europa Model Dumoulin Liege Model E.A.A. SABA E.A.A./Sabatti Saba-Mon Double Shotgun E.M.F. Model 1878 SxS E.M.F. Stagecoach SxS Model ERA Quail SxS ERA Riot SxS ERA SxS Famars Boxlock Models Famars Castore Famars Sidelock Models Fausti Caledon Fausti Class Fausti Class Round Body Fausti DEA Series Shotguns Ferlib Mignon Hammer Model Ferlib Model F VII Double Shotgun FN Anson SxS Standard Grade FN New Anson SxS Standard Grade FN Sidelock Standard Grade Fox Higher Grade Models (A–F) Fox Sterlingworth Series Franchi Airone Franchi Astore Series Franchi Destino Franchi Highlander Franchi Sidelock Double Barrel Francotte Boxlock Shotgun Francotte Jubilee Model Francotte Sidelock Shotgun Galef Silver Hawk SxS Galef Zabala SxS Garbi Model 100 Garbi Model 101 Side-by-Side Garbi Model 103A, B Side-by-Side Garbi Model 200 Side-by-Side Gastinne Model 105 Gastinne Model 202 Gastinne Model 353 Gastinne Model 98 Gib 10 Gauge Magnum Gil Alhambra Gil Diamond Gil Laga Gil Olimpia Greener Sidelock SxS Shotguns Griffin & Howe Britte Griffin & Howe Continental Sidelock Griffin & Howe Round Body Game Gun Griffin & Howe Traditional Game Gun Grulla 217 Series Grulla 219 Series Grulla Consort Grulla Model 209 Holland Grulla Model 215 Grulla Model 216 Series Grulla Number 1 Grulla Royal Grulla Super MH Grulla Supreme Grulla Windsor H&R Anson & Deeley SxS H&R Model 404 H&R Small Bore SxS Hammer Gun Hatfield Uplander Shotgun Henry Atkin Boxlock Model Henry Atkin Sidelock Model Holland & Holland Cavalier Boxlock Holland & Holland Dominion Game Gun Holland & Holland Northwood Boxlock Holland & Holland Round Action Sidelock Holland & Holland Round Action Sidelock Paradox Holland & Holland Royal Hammerless Ejector Sidelock Holland & Holland Sidelock Shotguns Holloway premier Sidelock SxS Model Hopkins & Allen Boxlock and Sidelock Models Huglu SxS Shotguns Husqvarna SxS Shotguns IGA Deluxe Model IGA Turkey Series Model Interstate Arms Model 99 Coach Gun Ithaca Classic Doubles Series Shotguns Ithaca Hammerless Series Iver Johnson Hammerless Model Shotguns Jeffery Boxlock Shotguns Jeffery Sidelock Shotguns K.B.I. Grade II SxS Khan Coach Gun Kimber Valier Series Krieghoff Essencia Boxlock Krieghoff Essencia Sidelock Lanber Imperial Sidelock Laurona Boxlock Models Laurona Sidelock Models Lefever Grade A Field Model Lefever Grade A Skeet Model Lefever New Lefever Model Lefever Nitro Special Lefever Sideplate Models Leforgeron Boxlock Ejector Leforgeron Sidelock Ejector Liberty Coach Gun Series MacNaughton Sidelock Model Malin Boxlock Model Malin Sidelock Model Masquelier Boxlock Model Masquelier Sidelock Model Medwell SxS Sidelock Merkel Model 8, 47E Side-by-Side Shotguns Merkel Model 47LSC Sporting Clays Double Merkel Model 47S, 147S Side-by-Sides Merkel Model 76E Merkel Model 122E Merkel Model 126E Merkel Model 280 Series Merkel Model 360 Series Merkel Model 447SL Merkel Model 1620 Series Merkel Model 1622 Series Mossberg Onyx Reserve Sporting Mossberg Silver Reserve Field Navy Arms Model 100 Navy Arms Model 150 Orvis Custom Uplander Orvis Field Grade Orvis Fine Grade Orvis Rounded Action Orvis Waterfowler Parker Fluid Steel Barrel Models (All Grades) Parker Reproductions Side-by-Side Pederson Model 200 Pederson Model 2500 Perazzi DHO Models Perugini Ausonia Perugini Classic Model Perugini Liberty Perugini Regina Model Perugini Romagna Gun Piotti Hammer Gun Piotti King Extra Side-by-Side Piotti King No. 1 Side-by-Side Piotti Lunik Side-by-Side Piotti Monaco Series Piotti Monte Carlo Piotti Piuma Side-by-Side Piotti Westlake Precision Sports Model 600 Series Doubles Premier Italian made SxS Shotguns Premier Spanish made SxS Shotguns Purdy Best Quality Game Gun Remington Model 1900 Hammerless Remington Model SPR210 Remington Model SPR220 Remington Model SPR220 Cowboy Remington Premier SxS Richland Arms Co. Italian made SxS Models Richland Arms Co. Spanish made SxS Models Rigby Boxlock Shotgun Rigby Hammer Shotgun Rizzini Boxlock Side-by-Side Rizzini Sidelock Side-by-Side Rossi Overlund Rossi Squire Rota Model 105 Rota Model 106 Rota Model 411 Series Royal American Model 600 Boxlock Royal American Model 800 Sidelock Ruger Gold Label SAE Model 209E SAE Model 210S SAE Model 340X Sarasqueta Mammerless Sidelock Sarasqueta Model 3 Boxlock Sauer Boxlock Model Shotguns Sauer Sidelock Model Shotguns Savage Fox Model FA–1 Savage Model 550 Scott Blenheim Scott Bowood Scott Chatsworth Scott Kinmount SIACE Italian made SxS Shotguns SKB Model 100 SKB Model 150 SKB Model 200 SKB Model 280 SKB Model 300 SKB Model 385 SKB Model 400 SKB Model 480 SKB Model 485 Smith & Wesson Elite Gold Series Grade I Smith & Wesson Elite Silver Grade I Smith, L.C. Boxlock Hammerless Shotguns Smith, L.C. Sidelock Hammerless Shotguns Spartan SPR Series Shotguns Stevens Model 311/315 Series Stoeger/IGA Uplander Side-by-Side Shotgun Taylor’s SxS Model Tri-Star Model 311 Tri-Star Model 411 Series Ugartechea 10-Ga. Magnum Shotgun Universal Double Wing SxS Vouzelaud Model 315 Series Walther Model WSF Walther Model WSFD Weatherby Atheana Weatherby D’Italia Series Weatherby Orion Westley Richards Best Quality Sidelock Westley Richards Boxlock Shotguns Westley Richards Connaught Model Westley Richards Hand Detachable Lock Model William Douglas Boxlock Winchester Model 21 Winchester Model 24 Zoli Alley Cleaner Zoli Classic Zoli Falcon II Zoli Model Quail Special Zoli Pheasant Zoli Silver Hawk Zoli Silver Snipe Shotguns—Bolt Actions & Single Shots ADCC Diamond Folding Model American Arms Single-Shot ARMSCOR 301A Armsport Single Barrel Shotgun Baikal MP18 Beretta 471 EL Silver Hawk Beretta 471 Silver Hawk Beretta Beta Single Barrel Beretta MKII Trap Beretta Model 412 Beretta Model FS Beretta TR–1 Beretta TR–1 Trap Beretta Vandalia Special Trap Browning BT–99 Competition Trap Special Browning BT–99 Plus Micro Browning BT–99 Plus Trap Gun Browning Micro Recoilless Trap Shotgun Browning Recoilless Trap Shotgun Crescent Single Shot Models CZ Cottontail Desert Industries Big Twenty Shotgun Fefever Long Range Field Frigon FS–4 Frigon FT–1 Frigon FT–C Gibbs Midland Stalker Greener General Purpose GP MKI/MKII H&R Survivor H&R Tracker Slug Model Harrington & Richardson N.W.T.F. Turkey Mag Harrington & Richardson Pardner Harrington & Richardson Pardner Compact Harrington & Richardson Pardner Compact Turkey Gun Harrington & Richardson Pardner Screw-In Choke Harrington & Richardson Pardner Turkey Gun Harrington & Richardson Pardner Turkey Gun Camo Harrington & Richardson Pardner Waterfowl Harrington & Richardson Tamer Harrington & Richardson Tamer 20 Harrington & Richardson Topper Classic Youth Shotgun Harrington & Richardson Topper Deluxe Classic Harrington & Richardson Topper Deluxe Model 098 Harrington & Richardson Topper Junior Harrington & Richardson Topper Model 098 Harrington & Richardson Topper Trap Gun Harrington & Richardson Tracker II Slug Gun Harrington & Richardson Ultra Slug Hunter Harrington & Richardson Ultra Slug Hunter Compact Harrington & Richardson Ultra Slug Hunter Deluxe Harrington & Richardson Ultra Slug Hunter Thumbhole Stock Harrington & Richardson Ultra-Lite Slug Hunter Hi-Standard 514 Model Holland & Holland Single Barrel Trap IGA Reuna Model IGA Single Barrel Classic Ithaca Model 66 Ithaca Single Barrel Trap Iver Johnson Champion Series Iver Johnson Commemorative Series Single Shot Shotgun Iver Johnson Excel Krieghoff K–80 Single Barrel Trap Gun Krieghoff KS–5 Special Krieghoff KS–5 Trap Gun Lefever Trap Gun Ljutic LTX Super Deluxe Mono Gun Ljutic Mono Gun Single Barrel Ljutic Recoilless Space Gun Shotgun Marlin Model 55 Goose Gun Bolt Action Marlin Model 60 Single Shot Marocchi Model 2000 Mossberg Models G–4, 70, 73, 73B Mossberg Models 75 Series Mossberg Models 80, 83, 83B, 83D Mossberg 173 Series Mossberg Model 183 Series Mossberg Model 185 Series Mossberg Model 190 Series Mossberg Model 195 Series Mossberg Model 385 Series Mossberg Model 390 Series Mossberg Model 395 Series Mossberg Model 595 Series Mossberg Model 695 Series New England Firearms N.W.T.F. Shotgun New England Firearms Standard Pardner New England Firearms Survival Gun New England Firearms Tracker Slug Gun New England Firearms Turkey and Goose Gun Parker Single Barrel Trap Models Perazzi TM1 Special Single Trap Remington 90–T Super Single Shotgun Remington Model No. 9 Remington Model 310 Skeet Remington Model No. 3 Rossi Circuit Judge Lever Action Shotgun Rossi Circuit Judge Shotgun Ruger Single Barrel Trap S.W.D. Terminator Savage Kimel Kamper Single Shot Savage Model 210F Slug Warrior Savage Model 212 Slug Gun Savage Model 220 Series Savage Model 220 Slug Gun SEITZ Single Barrel Trap SKB Century II Trap SKB Century Trap SKB Model 505 Trap SKB Model 605 Trap Smith, L.C. Single Barrel Trap Models Snake Charmer II Shotgun Stoeger/IGA Reuna Single Barrel Shotgun Tangfolio Model RSG–16 Tangfolio Blockcard Model Tangfolio Model DSG Tangfolio Model RSG–12 Series Tangfolio Model RSG–20 Tangfolio RSG-Tactical Taurus Circuit Judge Shotgun Thompson/Center Encore Shotgun Thompson/Center Pro Hunter Turkey Shotgun Thompson/Center TCR ’87 Hunter Shotgun Universal Firearms Model 7212 Single Barrel Trap Winchester Model 36 Single Shot Winchester Model 37 Single Shot Winchester Model 41 Bolt Action Winchester Model 9410 Series Zoli Apache Model Zoli Diano Series Zoli Loner Series . 4. Penalties Section 924(a)(1)(B) of title 18, United States Code, is amended by striking or (q) of section 922 (q), (r), (v), (w), or (aa) of section 922 5. Background checks for transfers of grandfathered semiautomatic assault weapons (a) In general Section 922 of title 18, United States Code, as amended by this Act, is amended— (1) by repealing subsection (s); (2) by redesignating subsection (t) as subsection (s); (3) in subsection (s), as redesignated— (A) in paragraph (3)(C)(ii), by striking (as defined in subsection (s)(8)) (B) by adding at the end the following: (7) In this subsection, the term chief law enforcement officer ; and (4) by inserting after subsection (s), as redesignated, the following: (t) (1) Beginning on the date that is 90 days after the date of enactment of the Assault Weapons Ban of 2021 (2) Paragraph (1) shall not apply to a temporary transfer of possession for the purpose of participating in target shooting in a licensed target facility or established range if— (A) the grandfathered semiautomatic assault weapon is, at all times, kept within the premises of the target facility or range; and (B) the transferee is not known to be prohibited from possessing or receiving a grandfathered semiautomatic assault weapon. (3) For purposes of this subsection, the term transfer (A) shall include a sale, gift, or loan; and (B) does not include temporary custody of the grandfathered semiautomatic assault weapon for purposes of examination or evaluation by a prospective transferee. (4) (A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations. (B) Regulations promulgated under this paragraph— (i) shall include a provision setting a maximum fee that may be charged by licensees for services provided in accordance with paragraph (1); and (ii) shall not include any provision imposing recordkeeping requirements on any unlicensed transferor or requiring licensees to facilitate transfers in accordance with paragraph (1). . (b) Technical and conforming amendments (1) Section 922 Section 922(y)(2) of title 18, United States Code, is amended, in the matter preceding subparagraph (A), by striking , (g)(5)(B), and (s)(3)(B)(v)(II) and (g)(5)(B) (2) Section 925a Section 925A of title 18, United States Code, is amended, in the matter preceding paragraph (1), by striking subsection (s) or (t) of section 922 section 922(s) (c) Effective date The amendments made by this section shall take effect 90 days after the date of enactment of this Act. 6. Use of Byrne grants for buy-back programs for semiautomatic assault weapons and large capacity ammunition feeding devices Section 501(a)(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10121(a)(1) (I) Compensation for surrendered semiautomatic assault weapons and large capacity ammunition feeding devices, as those terms are defined in section 921 of title 18, United States Code, under buy-back programs for semiautomatic assault weapons and large capacity ammunition feeding devices. . 7. Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby.
Assault Weapons Ban of 2021
Police Training and Independent Review Act of 2021 This bill authorizes the Department of Justice to award grants to states that (1) require law enforcement officers to be trained on fair and impartial policing (e.g., diversity and anti-bias training), and (2) require an independent prosecutor to be appointed to investigate and prosecute an alleged offense involving the use of deadly force by a law enforcement officer that results in a death or injury.
117 S738 IS: Police Training and Independent Review Act of 2021 U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 738 IN THE SENATE OF THE UNITED STATES March 11, 2021 Ms. Duckworth Mr. Sanders Ms. Hirono Mr. Markey Ms. Cantwell Ms. Smith Mr. Wyden Ms. Warren Mr. Van Hollen Mr. Merkley Ms. Cortez Masto Mr. Kaine Ms. Baldwin Mr. Padilla Ms. Rosen Ms. Klobuchar Mr. Blumenthal Committee on the Judiciary A BILL To provide for grants for States that require fair and impartial police training for law enforcement officers of that State and to incentivize States to enact laws requiring the independent investigation and prosecution of the use of deadly force by law enforcement officers, and for other purposes. 1. Short title This Act may be cited as the Police Training and Independent Review Act of 2021 2. Grants for training and independent investigation and prosecution Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 PP Grants for training and independent investigation and prosecution 3061. Grant authority (a) In general The Attorney General may make a grant to a State for purposes of implementing the training requirements described in section 3062(a) and an independent prosecution of law enforcement statute as described in section 3063. (b) Term The term of a grant under subsection (a) shall be 1 fiscal year. 3062. Training on fair and impartial policing (a) Training requirement The requirements of this subsection are as follows: (1) A State shall require that all individuals enrolled in an academy of a law enforcement agency of the State and all law enforcement officers of the State complete a training session on fair and impartial policing each year, which includes— (A) anti-bias training on implicit and explicit bias on the basis of race, religion, ethnicity, national origin, gender, sexual orientation, gender identity, and disability; (B) training regarding— (i) cultural diversity; (ii) police interaction with individuals with mental illness or behavioral, mental, or physical disabilities; (iii) crisis intervention; and (iv) de-escalation tactics; (C) scenario-based training; and (D) a requirement that officers demonstrate proficiency in the subjects of the training through scenario-based tests. (2) Each law enforcement officer and each individual enrolled in an academy of a law enforcement agency of a State shall complete— (A) initial training described in paragraph (1) of not less than 8 hours; and (B) not less than 4 hours of training described in paragraph (1) every year thereafter. (3) A State shall certify to the Attorney General of the United States that such training sessions have been completed. (b) Compliance and ineligibility (1) Compliance date To be eligible for a grant under this part, a State shall, subject to paragraphs (2) and (3), be in compliance with the training requirements under subsection (a) not later than 240 days after the date of enactment of this part, except that the Attorney General may grant an additional 120 days to a State that is making good faith efforts to comply with such subsection. (2) Compliance before start of fiscal year A State that fails to achieve compliance with the training requirements under subsection (a) in accordance with paragraph (1) of this subsection shall be eligible for a grant under this part for a fiscal year (subject to section 3063) if, on the last day of the previous fiscal year, the State is in compliance with such requirements. (3) Ineligibility A State that was eligible for a grant under this part and that, as of the last day of a fiscal year, is not in compliance with the training requirements under subsection (a) shall not be eligible for a grant under this part during the next fiscal year. (c) Verification The attorney general of a State receiving a grant under this part shall verify that the training of individuals enrolled in an academy of a law enforcement agency of the State and all law enforcement officers of the State meets the requirements under subsection (a). (d) Audit requirements For each fiscal year for which grants are made under this part, the Inspector General of the Department of Justice shall conduct audits of an appropriate number, as determined by the Inspector General, of States receiving such a grant to ensure compliance with the training requirements under subsection (a). 3063. Independent review of law enforcement use of deadly force To be eligible for a grant under this part for a fiscal year, a State shall, as of the last day of the prior fiscal year, have enacted and have in effect an independent prosecution of law enforcement statute. 3064. Definitions In this part: (1) The term deadly force (2) The term independent prosecution (A) Using an agency or civilian review board that investigates and independently reviews all officer use of force allegations. (B) Assigning the attorney general of the State in which the alleged crime was committed to conduct the criminal investigation and prosecution. (C) Adopting a procedure under which an automatic referral is made to a special prosecutor appointed and overseen by the attorney general of the State in which the alleged crime was committed. (D) Having law enforcement agencies agree to and implement memoranda of understanding with other law enforcement agencies under which the other law enforcement agencies— (i) shall conduct the criminal investigation; and (ii) upon conclusion of the criminal investigation, shall file a report with the attorney general of the State containing a determination regarding whether— (I) the use of deadly force was appropriate; and (II) any action should be taken by the attorney general of the State. (E) Using an independent prosecutor. (3) The term independent prosecution of law enforcement statute (A) one or more of the possible defendants is a law enforcement officer; (B) one or more of the alleged offenses involves the law enforcement officer’s use of deadly force in the course of carrying out that officer’s duty; and (C) the law enforcement officer’s use of deadly force resulted in a death or injury. (4) The term independent prosecutor (A) does not live or work in the same county as the county in which the alleged crime was committed; and (B) would not be involved in the prosecution in the ordinary course of that prosecutor’s duties. .
Police Training and Independent Review Act of 2021
Mens Rea Reform Act of 2021 This bill establishes a default mens rea standard (i.e., state of mind requirement) for federal criminal offenses—statutory and regulatory—that lack an explicit standard. The government must generally prove that a defendant acted willfully with respect to each element of an offense for which the text does not specify a state of mind.
117 S739 IS: Mens Rea Reform Act of 2021 U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 739 IN THE SENATE OF THE UNITED STATES March 11, 2021 Mr. Lee Mr. Tillis Mr. Paul Committee on the Judiciary A BILL To specify the state of mind required for conviction for criminal offenses that lack an expressly identified state of mind, and for other purposes. 1. Short title This Act may be cited as the Mens Rea Reform Act of 2021 2. State of mind element for criminal offenses (a) In general Chapter 1 28. State of mind when not otherwise specifically provided (a) Definitions In this section— (1) the term covered offense (A) means an offense— (i) specified in— (I) this title or any other Act of Congress; (II) any regulation; or (III) any law (including regulations) of any State or foreign government incorporated by reference into this title or any other Act of Congress; and (ii) that is punishable by imprisonment, a maximum criminal fine of at least $2,500, or both; and (B) does not include— (i) any offense set forth in chapter 47 or chapter 47A (ii) any offense incorporated by section 13(a) of this title; (2) the term knowingly (A) if the element involves the nature of the conduct of a person or the attendant circumstances, that the person is aware that the conduct of the person is of that nature or that such circumstances exist; and (B) if the element involves a result of the conduct of a person, that the person is aware that it is practically certain that the conduct of the person will cause such a result; (3) the term state of mind (4) the term willfully (A) that the person acted with knowledge that the person’s conduct was unlawful; and (B) if the element involves the nature, attendant circumstances, object, or result of the conduct of a person, that— (i) the person had knowledge of the nature, attendant circumstances, object, or result of his or her conduct; and (ii) it was the conscious object of the person to engage in conduct— (I) of that nature; (II) with that attendant circumstance; (III) with that object; or (IV) to cause such a result. (b) Default requirement Except as provided in subsections (c) and (d), a covered offense shall be construed to require the Government to prove beyond a reasonable doubt that the defendant acted— (1) with the state of mind specified in the text of the covered offense for each element of the offense for which the text specifies a state of mind; and (2) willfully, with respect to any element of the offense for which the text of the covered offense does not specify a state of mind. (c) Failure To distinguish among elements Except as provided in subsection (d), if the text of a covered offense specifies the state of mind required for commission of the covered offense without specifying the elements of the covered offense to which the state of mind applies, the state of mind specified shall apply to all elements of the covered offense, unless a contrary purpose plainly appears. (d) Exceptions (1) In general Subsections (b)(2) and (c) shall not apply with respect to— (A) any element for which the text of the covered offense makes clear that Congress affirmatively intended not to require the Government to prove any state of mind with respect to such element; (B) any element of a covered offense, to the extent that the element establishes— (i) subject matter jurisdiction over the covered offense; or (ii) venue with respect to trial of the covered offense; or (C) any element of a covered offense, to the extent that applying subsections (b)(2) and (c) to such element would lessen the degree of mental culpability that the Government is required to prove with respect to that element under— (i) precedent of the Supreme Court of the United States; or (ii) any other provision of this title, any other Act of Congress, or any regulation. (2) Mere absence insufficient For purposes of paragraph (1)(A), the mere absence of a specified state of mind for an element of a covered offense in the text of the covered offense shall not be construed to mean that Congress affirmatively intended not to require the Government to prove any state of mind with respect to that element. (e) Applicability This section shall apply with respect to a covered offense— (1) without regard to whether the provision or provisions specifying the covered offense are enacted, promulgated, or finalized before, on, or after the date of enactment of this section; and (2) that occurred— (A) on or after the date of enactment of this section; or (B) before the date of enactment of this section, unless— (i) applying this section to such covered offense would— (I) punish as a crime conduct that was innocent when done; (II) increase the punishment for the covered offense; or (III) deprive a person charged with the covered offense of any defense available according to law at the time the covered offense occurred; (ii) a jury has been empaneled and sworn in a prosecution for the covered offense before the date of enactment of this section; (iii) the first witness has been sworn in a prosecution for the covered offense tried without a jury before the date of enactment of this section; or (iv) a sentence has been imposed following a plea of guilty or nolo contendere in a prosecution for the covered offense before the date of enactment of this section. (f) Subsequently enacted laws No law enacted after the date of enactment of this section shall be construed to repeal, modify the text or effect of, or supersede in whole or in part this section, unless such law specifically refers to this section and explicitly repeals, modifies the text or effect of, or supersedes in whole or in part this section. . (b) Technical and conforming amendment The table of sections for chapter 1 28. State of mind when not otherwise specifically provided. .
Mens Rea Reform Act of 2021
Broadband Infrastructure Finance and Innovation Act of 2021 This bill requires the National Telecommunications and Information Administration to make financing available for the construction and deployment of broadband infrastructure through a broadband infrastructure finance and innovation program. Specifically, the bill provides a means for communities and public-private partnerships to apply for low-interest secured loans, lines of credit, or loan guarantees to finance broadband infrastructure investments. The bill provides funding to carry out the program, and it requires biennial reports on the financial performance of projects carried out with program assistance.
117 S741 IS: Broadband Infrastructure Finance and Innovation Act of 2021 U.S. Senate 2021-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 741 IN THE SENATE OF THE UNITED STATES March 11, 2021 Mr. Luján Mr. Peters Committee on Commerce, Science, and Transportation A BILL To establish a broadband infrastructure finance and innovation program to make available loans, loan guarantees, and lines of credit for the construction and deployment of broadband infrastructure, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Broadband Infrastructure Finance and Innovation Act of 2021 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Determination of eligibility and project selection. Sec. 4. Secured loans. Sec. 5. Lines of credit. Sec. 6. Alternative prudential lending standards for small projects. Sec. 7. Program administration. Sec. 8. State and local permits. Sec. 9. Regulations. Sec. 10. Funding. Sec. 11. Reports to Congress. 2. Definitions In this Act: (1) Assistant Secretary The term Assistant Secretary (2) BIFIA program The term BIFIA program (3) Broadband service The term broadband service (A) means broadband internet access service that is a mass-market retail service, or a service provided to an entity described in paragraph (12)(B)(ii), by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service; (B) includes any service that is a functional equivalent of the service described in subparagraph (A); and (C) does not include dial-up internet access service. (4) Eligible project costs The term eligible project costs (A) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, historic preservation review, permitting, preliminary engineering and design work, and other preconstruction activities; (B) construction and deployment phase activities, including— (i) construction, reconstruction, rehabilitation, replacement, and acquisition of real property (including land relating to the project and improvements to land), equipment, instrumentation, networking capability, hardware and software, and digital network technology; (ii) environmental mitigation; and (iii) construction contingencies; and (C) capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction and deployment. (5) Federal credit instrument The term Federal credit instrument (6) Investment-grade rating The term investment-grade rating (7) Lender The term lender 15 U.S.C. 77a (A) a qualified retirement plan (as defined in section 4974(c) (B) a governmental plan (as defined in section 414(d) (8) Letter of interest The term letter of interest (A) describes the project and the location, purpose, and cost of the project; (B) outlines the proposed financial plan, including the requested credit assistance and the proposed obligor; (C) provides a status of environmental review; and (D) provides information regarding satisfaction of other eligibility requirements of the BIFIA program. (9) Line of credit The term line of credit (10) Loan guarantee The term loan guarantee (11) Obligor The term obligor (A) is primarily liable for payment of the principal of or interest on a Federal credit instrument; and (B) may be a corporation, company, partnership, joint venture, trust, or governmental entity, agency, or instrumentality. (12) Project The term project (A) to construct and deploy infrastructure for the provision of broadband service; and (B) that the Assistant Secretary determines will— (i) provide access or improved access to broadband service to consumers residing in areas of the United States that have no access to broadband service or do not have access to broadband service offered— (I) with a download speed of not less than 100 megabits per second; (II) with an upload speed of not less than 20 megabits per second; and (III) with latency that is sufficiently low to allow real-time, interactive applications; or (ii) provide access or improved access to broadband service to— (I) schools, libraries, medical and healthcare providers, community colleges and other institutions of higher education, museums, religious organizations, and other community support organizations and entities to facilitate greater use of broadband service by or through those organizations; (II) organizations and agencies that provide outreach, access, equipment, and support services to facilitate greater use of broadband service by low-income, unemployed, aged, and otherwise vulnerable populations; (III) job-creating strategic facilities located within a State-designated economic zone, Economic Development District designated by the Department of Commerce, Empowerment Zone designated by the Department of Housing and Urban Development, or Enterprise Community designated by the Department of Agriculture; or (IV) public safety agencies. (13) Project obligation The term project obligation (14) Public authority The term public authority (A) the Federal Government or a Federal instrumentality with authority to finance, build, operate, or maintain infrastructure for the provision of broadband service; or (B) the government of a State, political subdivision of a State, or Indian Tribe, or an instrumentality thereof, with authority to finance, build, operate, or maintain infrastructure for the provision of broadband service. (15) Rating agency The term rating agency 15 U.S.C. 78c(a) (16) Secured loan The term secured loan (17) Small project The term small project (18) State The term State 47 U.S.C. 153 (19) Subsidy amount The term subsidy amount (A) calculated on a net present value basis; and (B) excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 (20) Substantial completion The term substantial completion (A) the commencement of the provision of broadband service using the infrastructure being financed; or (B) a comparable event, as determined by the Assistant Secretary and specified in the credit agreement. 3. Determination of eligibility and project selection (a) Eligibility (1) In general A project shall be eligible to receive credit assistance under the BIFIA program if— (A) the entity proposing to carry out the project submits a letter of interest prior to submission of a formal application for the project; and (B) the project meets the criteria described in this subsection. (2) Creditworthiness (A) In general Except as provided in subparagraph (B), to be eligible for assistance under the BIFIA program, a project shall satisfy applicable creditworthiness standards, which, at a minimum, shall include— (i) adequate coverage requirements to ensure repayment; (ii) an investment-grade rating from not less than 2 rating agencies on debt senior to the Federal credit instrument; and (iii) a rating from not less than 2 rating agencies on the Federal credit instrument. (B) Small projects In order for a small project to be eligible for assistance under the BIFIA program, the project shall satisfy alternative creditworthiness standards that shall be established by the Assistant Secretary under section 6 for purposes of this paragraph. (3) Application A public authority, public-private partnership, or any other legal entity undertaking the project and authorized by the Assistant Secretary shall submit a project application that is acceptable to the Assistant Secretary. (4) Eligible project cost parameters for infrastructure projects Eligible project costs shall be reasonably anticipated to equal or exceed $2,000,000 in the case of a project or program of projects— (A) in which the applicant is a public authority (other than the Federal Government, a Federal instrumentality, or a State government or instrumentality); (B) located on a facility owned by a political subdivision of a State; or (C) for which the Assistant Secretary determines that a political subdivision of a State is substantially involved in the development of the project. (5) Dedicated revenue sources The applicable Federal credit instrument shall be repayable, in whole or in part, from— (A) amounts charged to— (i) subscribers of broadband service for that service; or (ii) subscribers of any related service provided over the same infrastructure for that related service; (B) user fees; (C) payments owing to the obligor under a public-private partnership; or (D) other dedicated revenue sources that also secure or fund the project obligations. (6) Applications where obligor will be identified later A public authority may submit to the Assistant Secretary an application under paragraph (3), under which a private party to a public-private partnership will be— (A) the obligor; and (B) identified later through completion of a procurement and selection of the private party. (7) Beneficial effects The Assistant Secretary shall determine that financial assistance for the project under the BIFIA program will— (A) foster, if appropriate, partnerships that attract public and private investment for the project; (B) enable the project to proceed at an earlier date than the project would otherwise be able to proceed or reduce the lifecycle costs (including debt service costs) of the project; and (C) reduce the contribution of Federal grant assistance for the project. (8) Project readiness To be eligible for assistance under the BIFIA program, the applicant shall demonstrate a reasonable expectation that the contracting process for the construction and deployment of infrastructure for the provision of broadband service through the project can commence by not later than 90 days after the date on which a Federal credit instrument is obligated for the project under the BIFIA program. (9) Public sponsorship of private entities (A) In general If an eligible project is carried out by an entity that is not a State or political subdivision of a State, an agency or instrumentality thereof, or a Tribal government or consortium of Tribal governments, the project shall be publicly sponsored. (B) Public sponsorship For purposes of subparagraph (A), a project shall be considered to be publicly sponsored if the obligor can demonstrate, to the satisfaction of the Assistant Secretary, that the project applicant has consulted with the government of the State, political subdivision of a State, or Indian Tribe in the area in which the project is located, or that is otherwise affected by the project, and that the government supports the proposal. (b) Selection among eligible projects (1) Establishment of Application process The Assistant Secretary shall establish a rolling application process under which projects that are eligible to receive credit assistance under subsection (a) shall receive credit assistance on terms acceptable to the Assistant Secretary, if adequate funds are available to cover the subsidy costs associated with the Federal credit instrument. (2) Preliminary rating opinion letter The Assistant Secretary shall require each project applicant to provide— (A) a preliminary rating opinion letter from not less than 1 rating agency— (i) indicating that the senior obligations of the project, which may be the Federal credit instrument, have the potential to achieve an investment-grade rating; and (ii) including a preliminary rating opinion on the Federal credit instrument; or (B) in the case of a small project, alternative documentation that the Assistant Secretary shall require in the standards established under section 6 for purposes of this paragraph. (3) Technology neutrality required In selecting projects to receive credit assistance under the BIFIA program, the Assistant Secretary may not favor a project using any particular technology. (4) Preference for open-access networks In selecting projects to receive credit assistance under the BIFIA program, the Assistant Secretary shall give preference to projects providing for the deployment of open-access broadband service networks. (c) Federal requirements (1) In general The following provisions of law shall apply to funds made available under the BIFIA program and projects assisted with those funds: (A) Title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d (B) The National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (C) Division A of subtitle III of title 54, United States Code (commonly referred to as the National Historic Preservation Act (D) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 (2) NEPA No funding shall be obligated for a project that has not received an environmental categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (3) Title VI of the Civil Rights Act of 1964 For purposes of title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d 42 U.S.C. 2000d–4a (4) Contracting requirements (A) In general All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work carried out, in whole or in part, with assistance made available through a Federal credit instrument shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 (B) Authority and functions of Secretary of Labor With respect to the labor standards described in subparagraph (A), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (5) Neutrality requirement (A) In general In the case of a recipient of assistance made available through a Federal credit instrument under this subtitle that is an employer, the employer shall remain neutral with respect to the exercise of employees and labor organizations of the right to organize and bargain under the National Labor Relations Act ( 29 U.S.C. 151 (B) Definitions In this paragraph, the terms employee employer labor organization 29 U.S.C. 152 (6) Referral of alleged violations of applicable Federal labor and employment laws The Assistant Secretary shall refer any alleged violation of an applicable labor and employment law to the appropriate Federal agency for investigation and enforcement, and any alleged violation of paragraph (4) or (5) to the National Labor Relations Board for investigation and enforcement, utilizing all appropriate remedies up to and including debarment from the BIFIA program. (d) Application processing procedures (1) Notice of complete application Not later than 30 days after the date of receipt of an application under this section, the Assistant Secretary shall provide to the applicant a written notice to inform the applicant whether— (A) the application is complete; or (B) additional information or materials are needed to complete the application. (2) Approval or denial of application Not later than 60 days after the date of issuance of the written notice under paragraph (1), the Assistant Secretary shall provide to the applicant a written notice informing the applicant whether the Assistant Secretary has approved or disapproved the application. (3) Approval before NEPA review Subject to subsection (c)(2), an application for a project may be approved before the project receives an environmental categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (e) Development phase activities Any credit instrument secured under the BIFIA program may be used to finance up to 100 percent of the cost of development phase activities as described in section 2(4)(A). 4. Secured loans (a) In general (1) Agreements Subject to paragraphs (2) and (3), the Assistant Secretary may enter into agreements with 1 or more obligors to make secured loans, the proceeds of which shall be used— (A) to finance eligible project costs of any project selected under section 3; (B) to refinance interim construction financing of eligible project costs of any project selected under section 3; or (C) to refinance long-term project obligations or Federal credit instruments, if the refinancing provides additional funding capacity for the completion, enhancement, or expansion of any project that— (i) is selected under section 3; or (ii) otherwise meets the requirements of section 3. (2) Limitation on refinancing of interim construction financing A loan under paragraph (1) shall not refinance interim construction financing under paragraph (1)(B)— (A) if the maturity of the interim construction financing is later than 1 year after the substantial completion of the project; and (B) later than 1 year after the date of substantial completion of the project. (3) Risk assessment Before entering into an agreement under this subsection, the Assistant Secretary, in consultation with the Director of the Office of Management and Budget, shall determine an appropriate capital reserve subsidy amount for each secured loan, taking into account each rating letter provided by a rating agency under section 3(b)(2)(A)(ii) or, in the case of a small project, the alternative documentation provided under section 3(b)(2)(B). (b) Terms and limitations (1) In general A secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Assistant Secretary determines to be appropriate. (2) Maximum amount The amount of a secured loan under this section shall not exceed the lesser of 49 percent of the reasonably anticipated eligible project costs or, if the secured loan is not for a small project and does not receive an investment-grade rating, the amount of the senior project obligations. (3) Payment A secured loan under this section— (A) shall— (i) be payable, in whole or in part, from— (I) amounts charged to— (aa) subscribers of broadband service for that service; or (bb) subscribers of any related service provided over the same infrastructure for that related service; (II) user fees; (III) payments owing to the obligor under a public-private partnership; or (IV) other dedicated revenue sources that also secure the senior project obligations; and (ii) include a coverage requirement or similar security feature supporting the project obligations; and (B) may have a lien on revenues described in subparagraph (A), subject to any lien securing project obligations. (4) Interest rate The interest rate on a secured loan under this section shall be not less than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement. (5) Maturity date The final maturity date of the secured loan shall be the lesser of— (A) 35 years after the date of substantial completion of the project; and (B) if the useful life of the infrastructure for the provision of broadband service being financed is of a lesser period, the useful life of the infrastructure. (6) Nonsubordination (A) In general Except as provided in subparagraph (B), the secured loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor. (B) Preexisting indenture (i) In general The Assistant Secretary shall waive the requirement under subparagraph (A) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if— (I) the secured loan— (aa) is rated in the A category or higher; or (bb) in the case of a small project, meets an alternative standard that the Assistant Secretary shall establish under section 6 for purposes of this subclause; (II) the secured loan is secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues; and (III) the BIFIA program share of eligible project costs is 33 percent or less. (ii) Limitation If the Assistant Secretary waives the nonsubordination requirement under this subparagraph— (I) the maximum credit subsidy to be paid by the Federal Government shall be not more than 10 percent of the principal amount of the secured loan; and (II) the obligor shall be responsible for paying the remainder of the subsidy cost, if any. (7) Fees The Assistant Secretary may establish fees at a level sufficient to cover all or a portion of the costs to the Federal Government of making a secured loan under this section. (8) Non-federal share The proceeds of a secured loan under the BIFIA program, if the loan is repayable from non-Federal funds— (A) may be used for any non-Federal share of project costs required under this Act; and (B) shall not count toward the total Federal assistance provided for a project for purposes of paragraph (9). (9) Maximum federal involvement The total Federal assistance provided for a project receiving a loan under the BIFIA program shall not exceed 80 percent of the total project cost. (c) Repayment (1) Schedule The Assistant Secretary shall establish a repayment schedule for each secured loan under this section based on— (A) the projected cash flow from project revenues and other repayment sources; and (B) the useful life of the infrastructure for the provision of broadband service being financed. (2) Commencement Scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than 5 years after the date of substantial completion of the project. (3) Deferred payments (A) In general If, at any time after the date of substantial completion of the project, the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the secured loan, the Assistant Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan. (B) Interest Any payment deferred under subparagraph (A) shall— (i) continue to accrue interest in accordance with subsection (b)(4) until fully repaid; and (ii) be scheduled to be amortized over the remaining term of the loan. (C) Criteria (i) In general Any payment deferral under subparagraph (A) shall be contingent on the project meeting criteria established by the Assistant Secretary. (ii) Repayment standards The criteria established pursuant to clause (i) shall include standards for reasonable assurance of repayment. (4) Prepayment (A) Use of excess revenues Any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations may be applied annually to prepay the secured loan without penalty. (B) Use of proceeds of refinancing The secured loan may be prepaid at any time without penalty from the proceeds of refinancing from non-Federal funding sources. (d) Sale of secured loans (1) In general Subject to paragraph (2), as soon as practicable after substantial completion of a project and after notifying the obligor, the Assistant Secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the Assistant Secretary determines that the sale or reoffering can be made on favorable terms. (2) Consent of obligor In making a sale or reoffering under paragraph (1), the Assistant Secretary may not change the original terms and conditions of the secured loan without the written consent of the obligor. (e) Loan guarantees (1) In general The Assistant Secretary may provide a loan guarantee to a lender in lieu of making a secured loan under this section if the Assistant Secretary determines that the budgetary cost of the loan guarantee is substantially the same as that of a secured loan. (2) Terms The terms of a loan guarantee under paragraph (1) shall be consistent with the terms required under this section for a secured loan, except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender, with the consent of the Assistant Secretary. (f) Streamlined application process (1) In general The Assistant Secretary shall develop 1 or more expedited application processes, available at the request of entities seeking secured loans under the BIFIA program, that use a set or sets of conventional terms established pursuant to this section. (2) Terms In establishing the streamlined application process required by this subsection, the Assistant Secretary may allow for an expedited application period and include terms such as those that require— (A) that the project be a small project; (B) the secured loan to be secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge, tax increment financing, or a system-backed pledge of project revenues; and (C) repayment of the loan to commence not later than 5 years after disbursement. 5. Lines of credit (a) In general (1) Agreements Subject to paragraphs (2) through (4), the Assistant Secretary may enter into agreements to make available to 1 or more obligors lines of credit in the form of direct loans to be made by the Assistant Secretary at future dates on the occurrence of certain events for any project selected under section 3. (2) Use of proceeds The proceeds of a line of credit made available under this section shall be available to pay debt service on project obligations issued to finance eligible project costs, extraordinary repair and replacement costs, operation and maintenance expenses, and costs associated with unexpected Federal or State environmental restrictions. (3) Risk assessment (A) In general Except as provided in subparagraph (B), before entering into an agreement under this subsection, the Assistant Secretary, in consultation with the Director of the Office of Management and Budget and each rating agency providing a preliminary rating opinion letter under section 3(b)(2)(A), shall determine an appropriate capital reserve subsidy amount for each line of credit, taking into account the rating opinion letter. (B) Small projects Before entering into an agreement under this subsection to make available a line of credit for a small project, the Assistant Secretary, in consultation with the Director of the Office of Management and Budget, shall determine an appropriate capital reserve subsidy amount for each such line of credit, taking into account the alternative documentation provided under section 3(b)(2)(B) instead of preliminary rating opinion letters provided under section 3(b)(2)(A). (4) Investment-grade rating requirement The funding of a line of credit under this section shall be contingent on— (A) the senior obligations of the project receiving an investment-grade rating from 2 rating agencies; or (B) in the case of a small project, the project meeting an alternative standard that the Assistant Secretary shall establish under section 6 for purposes of this paragraph. (b) Terms and limitations (1) In general A line of credit under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Assistant Secretary determines to be appropriate. (2) Maximum amounts The total amount of a line of credit under this section shall not exceed 33 percent of the reasonably anticipated eligible project costs. (3) Draws Any draw on a line of credit under this section shall— (A) represent a direct loan; and (B) be made only if net revenues from the project (including capitalized interest, but not including reasonably required financing reserves) are insufficient to pay the costs specified in subsection (a)(2). (4) Interest rate The interest rate on a direct loan resulting from a draw on the line of credit shall be not less than the yield on 30-year United States Treasury securities, as of the date of execution of the line of credit agreement. (5) Security A line of credit issued under this section— (A) shall— (i) be payable, in whole or in part, from— (I) amounts charged to— (aa) subscribers of broadband service for that service; or (bb) subscribers of any related service provided over the same infrastructure for that related service; (II) user fees; (III) payments owing to the obligor under a public-private partnership; or (IV) other dedicated revenue sources that also secure the senior project obligations; and (ii) include a coverage requirement or similar security feature supporting the project obligations; and (B) may have a lien on revenues described in subparagraph (A), subject to any lien securing project obligations. (6) Period of availability The full amount of a line of credit under this section, to the extent not drawn upon, shall be available during the 10-year period beginning on the date of substantial completion of the project. (7) Rights of third-party creditors (A) Against Federal Government A third-party creditor of the obligor shall not have any right against the Federal Government with respect to any draw on a line of credit under this section. (B) Assignment An obligor may assign a line of credit under this section to— (i) 1 or more lenders; or (ii) a trustee on the behalf of such a lender. (8) Nonsubordination (A) In general Except as provided in subparagraph (B), a direct loan under this section shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor. (B) Pre-existing indenture (i) In general The Assistant Secretary shall waive the requirement of subparagraph (A) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if— (I) the line of credit— (aa) is rated in the A category or higher; or (bb) in the case of a small project, meets an alternative standard that the Assistant Secretary shall establish under section 6 for purposes of this subclause; (II) the BIFIA program loan resulting from a draw on the line of credit is payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues; and (III) the BIFIA program share of eligible project costs is 33 percent or less. (ii) Limitation If the Assistant Secretary waives the nonsubordination requirement under this subparagraph— (I) the maximum credit subsidy to be paid by the Federal Government shall be not more than 10 percent of the principal amount of the secured loan; and (II) the obligor shall be responsible for paying the remainder of the subsidy cost. (9) Fees The Assistant Secretary may establish fees at a level sufficient to cover all or a portion of the costs to the Federal Government of providing a line of credit under this section. (10) Relationship to other credit instruments A project that receives a line of credit under this section also shall not receive a secured loan or loan guarantee under section 4 in an amount that, combined with the amount of the line of credit, exceeds 49 percent of eligible project costs. (c) Repayment (1) Terms and conditions The Assistant Secretary shall establish repayment terms and conditions for each direct loan under this section based on— (A) the projected cash flow from project revenues and other repayment sources; and (B) the useful life of the infrastructure for the provision of broadband service being financed. (2) Timing All repayments of principal or interest on a direct loan under this section shall be scheduled— (A) to commence not later than 5 years after the end of the period of availability specified in subsection (b)(6); and (B) to conclude, with full repayment of principal and interest, by the date that is 25 years after the end of the period of availability specified in subsection (b)(6). 6. Alternative prudential lending standards for small projects Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall establish alternative, streamlined prudential lending standards for small projects receiving credit assistance under the BIFIA program to ensure that those projects pose no additional risk to the Federal Government, as compared with projects that are not small projects. 7. Program administration (a) Requirement The Assistant Secretary shall establish a uniform system to service the Federal credit instruments made available under the BIFIA program. (b) Fees The Assistant Secretary may collect and spend fees, contingent on authority being provided in appropriation Acts, at a level that is sufficient to cover— (1) the costs of services of expert firms retained pursuant to subsection (d); and (2) all or a portion of the costs to the Federal Government of servicing the Federal credit instruments. (c) Servicer (1) In general The Assistant Secretary may appoint a financial entity to assist the Assistant Secretary in servicing the Federal credit instruments. (2) Duties A servicer appointed under paragraph (1) shall act as the agent for the Assistant Secretary. (3) Fee A servicer appointed under paragraph (1) shall receive a servicing fee, subject to approval by the Assistant Secretary. (d) Assistance from expert firms The Assistant Secretary may retain the services of expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments. (e) Expedited processing The Assistant Secretary shall implement procedures and measures to economize the time and cost involved in obtaining approval and the issuance of credit assistance under the BIFIA program. (f) Assistance to small projects Of the amount appropriated under section 10(a), and after the set-aside for administrative expenses under section 10(b), not less than 20 percent shall be made available for the Assistant Secretary to use in lieu of fees collected under subsection (b) for small projects. 8. State and local permits The provision of credit assistance under the BIFIA program with respect to a project shall not— (1) relieve any recipient of the assistance of any obligation to obtain any required State or local permit or approval with respect to the project; (2) limit the right of any State, political subdivision of a State, or agency or instrumentality thereof to approve or regulate any rate of return on private equity invested in the project; or (3) otherwise supersede any State or local law (including any regulation) applicable to the construction or operation of the project. 9. Regulations The Assistant Secretary may promulgate such regulations as the Assistant Secretary determines to be appropriate to carry out the BIFIA program. 10. Funding (a) Appropriation There are appropriated to the Assistant Secretary, out of any money in the Treasury not otherwise appropriated, $5,000,000,000 to carry out this Act for fiscal year 2021, to remain available until expended. (b) Administrative expenses Of the amount appropriated under subsection (a), the Assistant Secretary may use not more than 5 percent for the administration of the BIFIA program. 11. Reports to Congress (a) In general Not later than 1 year after the date of enactment of this Act, and every 2 years thereafter, the Assistant Secretary shall submit to Congress a report summarizing the financial performance of the projects that are receiving, or have received, assistance under the BIFIA program, including a recommendation as to whether the objectives of the BIFIA program are best served by— (1) continuing the program under the authority of the Assistant Secretary; or (2) establishing a Federal corporation or federally sponsored enterprise to administer the program. (b) Application process report (1) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Assistant Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes a list of all of the letters of interest and applications received for assistance under the BIFIA program during the preceding fiscal year. (2) Inclusions (A) In general Each report under paragraph (1) shall include, at a minimum, a description of, with respect to each letter of interest and application included in the report— (i) the date on which the letter of interest or application was received; (ii) the date on which a notification was provided to the applicant regarding whether the application was complete or incomplete; (iii) the date on which a revised and completed application was submitted (if applicable); (iv) the date on which a notification was provided to the applicant regarding whether the project was approved or disapproved; and (v) if the project was not approved, the reason for the disapproval. (B) Correspondence Each report under paragraph (1) shall include copies of any correspondence provided to the applicant in accordance with section 3(d).
Broadband Infrastructure Finance and Innovation Act of 2021
Open and Responsive Government Act of 2021 This bill limits the extent to which federal agencies may exempt information from requests to disclose agency records under the Freedom of Information Act, including prohibiting the withholding of a portion of an otherwise responsive record on the basis that the portion is nonresponsive.
117 S742 IS: Open and Responsive Government Act of 2021 U.S. Senate 2021-03-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 742 IN THE SENATE OF THE UNITED STATES March 15, 2021 Mr. Grassley Mr. Leahy Mrs. Feinstein Committee on the Judiciary A BILL To modify the exemption for trade secrets and commercial or financial information in the Freedom of Information Act, and for other purposes. 1. Short title This Act may be cited as the Open and Responsive Government Act of 2021 2. Amendments to the Freedom of Information Act Section 552 of title 5, United States Code (commonly known as the Freedom of Information Act (1) in subsection (b)(4), by inserting before the semicolon at the end the following: , provided that the term confidential (2) in subsection (d)— (A) by striking This section does not authorize withholding of information This section— (1) does not authorize the withholding of information ; (B) in paragraph (1), as so designated, by striking . This section is not authority to withhold information from Congress. (C) by adding at the end the following: (2) does not authorize the withholding of a portion of an otherwise responsive record on the basis that the portion is non-responsive; and (3) is not authority to withhold information from Congress. .
Open and Responsive Government Act of 2021
State Fiscal Flexibility Act of 2021 This bill removes a prohibition on states and territories using COVID-19 (i.e., coronavirus disease 2019) relief funding under the American Rescue Plan Act of 2021 to offset a reduction in revenue resulting from a reduction in taxes or a delay in the imposition of a tax or tax increase.
117 S743 IS: State Fiscal Flexibility Act of 2021 U.S. Senate 2021-03-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 743 IN THE SENATE OF THE UNITED STATES March 15, 2021 Mr. Crapo Mr. Grassley Mr. Cornyn Mr. Portman Mr. Scott of South Carolina Mr. Lankford Mr. Daines Mr. Young Mr. Risch Mr. Thune Committee on Finance A BILL To amend title VI of the Social Security Act to remove the prohibition on States and territories against lowering their taxes. 1. Short title This Act may be cited as the State Fiscal Flexibility Act of 2021 2. Removal of restriction of use of Coronavirus State Fiscal Recovery funds (a) In general Paragraph (2) of section 602(c) of the Social Security Act, as added by section 9901 of the American Rescue Plan Act of 2021, is amended to read as follows: (2) Further restriction on use of funds No State or territory may use funds made available under this section for deposit into any pension fund. . (b) Conforming amendments Section 602 of such Act is further amended— (1) in subsection (d)(2)(A), by striking , including, in the case of a State or a territory, all modifications to the State's or territory's tax revenue sources during the covered period (2) in subsection (e), by striking such subsection, such subsection. (3) in subsection (g)— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) through (7) as paragraphs (1) through (6), respectively. (c) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Rescue Plan Act of 2021.
State Fiscal Flexibility Act of 2021
Trade Security Act of 2021 This bill revises provisions related to the adjustment of U.S. imports due to a national security threat. The bill allows Congress to block a presidential import adjustment through a joint resolution. This provision retroactively applies to adjustments made on or after July 1, 2018. However, it shall not apply to specified steel and aluminum import adjustments. The Department of Defense (currently, the Department of Commerce) must investigate the national security threat of a U.S. import, and report to the President the results of that investigation. Commerce must provide recommendations regarding such imports upon request by the President.
117 S746 IS: Trade Security Act of 2021 U.S. Senate 2021-03-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 746 IN THE SENATE OF THE UNITED STATES March 15, 2021 Mr. Portman Ms. Sinema Ms. Ernst Mrs. Feinstein Mr. Wicker Mr. Young Committee on Finance A BILL To amend section 232 of the Trade Expansion Act of 1962 to require the Secretary of Defense to initiate investigations and to provide for congressional disapproval of certain actions, and for other purposes. 1. Short title This Act may be cited as the Trade Security Act of 2021 2. Investigations to determine effects on national security of imports of articles and congressional review of presidential actions (a) Investigations and determinations by Secretary of Defense Section 232 of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862 (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A), by striking Secretary of Commerce Secretary Secretary of Defense (ii) in subparagraph (B)— (I) by striking Secretary shall Secretary of Defense shall (II) by striking Secretary of Defense of Secretary of Commerce of (B) in paragraph (2)— (i) by striking subparagraph (B); (ii) in the matter preceding clause (i)— (I) by striking (A) In In (II) by striking Secretary Secretary of Defense (iii) by striking clauses (i) through (iii) and inserting the following: (A) consult with the Secretary of Commerce regarding the methodological and policy questions raised in any investigation initiated under paragraph (1); (B) prepare an assessment of the defense requirements and national security impact of any article that is the subject of an investigation, which shall focus on— (i) the impact of the importation of the article on military readiness and critical infrastructure; and (ii) the need for a reliable supply of the article to protect national security; (C) seek information and advice from the Secretary of Commerce; (D) consult with appropriate officers of the United States; (E) consult with members of the Committee on Finance of the Senate and members of the Committee on Ways and Means of the House of Representatives; and (F) hold public hearings, co-chaired with the Secretary of Commerce, or otherwise afford interested parties an opportunity to present information and advice relevant to such investigation. ; (C) by striking paragraph (3) and inserting the following: (3) (A) Not later than 200 days after the date on which the Secretary of Defense initiates an investigation under paragraph (1) with respect to an article, the Secretary of Defense shall submit to the President a report on the findings of such investigation with respect to the effect of the importation of such article in such quantities or under such circumstances on the national security of the United States. (B) If the report described in subparagraph (A) includes an affirmative finding that the importation of an article in such quantities or under such circumstances threatens to impair the national security, the President may direct the Secretary of Commerce to devise recommendations to address such threat. (C) Not later than 100 days after receiving from the President under subparagraph (B) a direction to devise recommendations with respect to an article, the Secretary of Commerce, in consultation with the United States Trade Representative, the Secretary of Defense, members of the Committee on Finance of the Senate, and members of the Committee on Ways and Means of the House of Representatives, shall submit to the President a report that includes— (i) recommendations for action or inaction under this section with respect to the article; and (ii) the findings of the Secretary of Commerce with respect to the investigation by the Secretary of Defense under paragraph (1). (D) Any portion of the report submitted by the Secretary of Defense under subparagraph (A) or the report submitted by the Secretary of Commerce under subparagraph (C) that does not contain classified information or proprietary information shall be published in the Federal Register. ; and (D) in paragraph (4), by inserting of Defense, in consultation with the Secretary of Commerce, The Secretary (2) in subsection (c)(1), by striking subparagraph (A) and inserting the following: (A) Not later than 60 days after receiving recommendations submitted under subsection (b)(3)(C)(i) with respect to an article, the President shall— (i) decide whether to take action based on such recommendations; and (ii) if the President decides to take action under clause (i), determine the nature and duration of the action to be taken to adjust the imports of the article and its derivatives so that such imports will not threaten to impair the national security. ; (3) by redesignating the second subsection (d) as subsection (e); (4) in subsection (d)— (A) by striking the Secretary and the President the Secretary of Defense, the Secretary of Commerce, and the President (B) by inserting , the production of which is needed for national defense requirements and critical infrastructure in the United States welfare of individual domestic industries (5) in subsection (e)(1), as redesignated by paragraph (3), by striking Secretary Secretary of Defense (b) Congressional disapproval of presidential action (1) In general Section 232(f) of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862(f) (A) in paragraph (1), by striking of petroleum, or petroleum products (B) in paragraph (2)(B)— (i) by striking petroleum imports imports (ii) by striking of petroleum or petroleum products (2) Applicability (A) In general Except as provided in subparagraph (B), subsection (f) of section 232 of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862 (B) Exception Subsection (f) of section 232 of the Trade Expansion Act of 1962 ( 19 U.S.C. 1862
Trade Security Act of 2021
Citizenship for Essential Workers Act This bill establishes a mechanism for eligible aliens who worked as essential workers during the declared COVID-19 (i.e., coronavirus disease 2019) public health emergency to apply for and obtain permanent resident status. The bill also narrows certain grounds for deportability and inadmissibility. To be eligible for permanent resident status under this bill, an alien must have earned income at any point during the COVID-19 emergency period doing work deemed essential by the Department of Homeland Security (DHS) or a state or local government. An alien may also be eligible if that alien is a parent, spouse, or child of (1) an eligible alien who died from COVID-19, or (2) a member of the Armed Forces. Certain aliens shall be ineligible, such as an alien who was a refugee on January 1, 2021. To obtain permanent resident status under this bill, an applying alien must satisfy additional requirements, including by passing a background check. Furthermore, the bill repeals provisions providing for three-year bars and permanent bars to admission into the United States. (Generally, these bars apply to aliens who were previously removed or unlawfully present in the United States.) The bill also narrows the scope of certain crime-based grounds for inadmissibility or deportability, such as by redefining the term conviction to exclude expunged convictions. The Department of Justice or DHS may waive certain grounds of inadmissibility or deportability (1) for humanitarian purposes, (2) to ensure family unity, or (3) for the public interest.
104 S747 IS: Citizenship for Essential Workers Act U.S. Senate 2021-03-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 747 IN THE SENATE OF THE UNITED STATES March 15, 2021 Mr. Padilla Ms. Warren Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to provide for the adjustment of status of essential workers, and for other purposes. 1. Short title This Act may be cited as the Citizenship for Essential Workers Act 2. Adjustment of status of essential workers (a) In general Chapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 245B. Adjustment of status for essential workers (a) Adjustment of status for essential workers Notwithstanding any other provision of law, the Secretary of Homeland Security (referred to in this section as the Secretary (1) an alien who— (A) satisfies the eligibility requirements set forth in subsection (b); and (B) submits an application and satisfies the criminal and national security background checks and payment of applicable fees pursuant to the procedures set forth in subsection (d); and (2) the parents, spouse, sons, and daughters of such alien. (b) Eligibility An alien applying for status under subsection (a) shall satisfy the following requirements: (1) Aliens working in certain sectors, industries, and occupations Except as provided in paragraph (2), the alien shall have, at any point during the period described in subsection (i), earned income for work in any of the following private, public, or nonprofit sectors, industries, or occupations: (A) Health care. (B) Emergency response. (C) Sanitation. (D) Restaurant ownership, food preparation, vending, catering, food packaging, food services, or delivery. (E) Hotel or retail. (F) Fish, poultry, and meat processing work. (G) Agricultural work, including labor that is seasonal in nature. (H) Commercial or residential landscaping. (I) Commercial or residential construction or renovation. (J) Housing, residential, and commercial construction related activities or public works construction. (K) Domestic work in private households, including child care, home care, or house cleaning. (L) Natural disaster recovery, disaster reconstruction, and related construction. (M) Home and community-based work, including— (i) home health care; (ii) residential care; (iii) assistance with activities of daily living; (iv) any service provided by direct care workers (as defined in section 799B of the Public Health Service Act ( 42 U.S.C. 295p (v) any other provision of care to individuals in their homes by direct service providers, personal care attendants, and home health aides. (N) Family care, including child care services, in-home child care services such as nanny services, and care services provided by family members to other family members. (O) Manufacturing. (P) Warehousing. (Q) Transportation or logistics. (R) Janitorial. (S) Laundromat and dry-cleaning operators. (T) Any other work in essential critical infrastructure labor or services Advisory Memorandum on Identification of Essential Critical Infrastructure Workers During COVID–19 Response (U) Any other work that a State or local government considers to be essential during the emergency referred to in subsection (i). (2) Certain other eligible aliens An alien not described in paragraph (1)— (A) shall— (i) (I) have earned income in any sector, industry, or occupation described in that paragraph on any date during the period described in subsection (i) but was unable to continue that work through no fault of the alien, including because the working conditions posed a high degree of risk to the alien's health and safety; and (II) have been seeking to resume work in any such sector, industry, or occupation; (B) is the surviving parent, spouse, son, or daughter of an alien who— (i) performed any service or labor for remuneration in any sector, industry, or occupation described in that paragraph on any date during the period described in subsection (i); and (ii) died due to COVID–19; or (C) is the parent, spouse, son, or daughter of a member of the Armed Forces, including the National Guard. (3) Physical presence (A) Date of submittal of application The alien shall be physically present in the United States on the date on which the application is submitted. (B) Continuous physical presence (i) In general Except as provided in clause (ii), the alien shall have been continuously physically present in the United States beginning on January 1, 2021, and ending on the date on which the application is approved. (ii) Exceptions (I) Authorized absence An alien who departed temporarily from the United States shall not be considered to have failed to maintain continuous physical presence in the United States during any period of travel that was authorized by the Secretary. (II) Brief, casual, and innocent absences (aa) In general An alien who departed temporarily from the United States shall not be considered to have failed to maintain continuous physical presence in the United States if the alien’s absences from the United States are brief, casual, and innocent, whether or not such absences were authorized by the Secretary. (bb) Absences more than 180 days For purposes of this clause, an absence of more than 180 days, in the aggregate, during a calendar year shall not be considered brief, unless the Secretary finds that the length of the absence was due to circumstances beyond the alien’s control, including the serious illness of the alien, death or serious illness of a spouse, parent, grandparent, grandchild, sibling, son, or daughter of the alien, or due to international travel restrictions. (iii) Effect of notice to appear Issuance of a notice to appear under section 239(a) shall not be considered to interrupt the continuity of an alien’s continuous physical presence in the United States. (c) Grounds for ineligibility (1) Certain grounds of inadmissibility (A) In general Subject to subparagraph (B), an alien shall be ineligible for status under this section if the alien— (i) is inadmissible under paragraph (2), (3), (6)(E), (8), (10)(C), or (10)(E) of section 212(a); (ii) has been convicted of a felony offense (excluding any offense under State law for which an essential element in the alien's immigration status); or (iii) has been convicted of 3 or more misdemeanor offenses (excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia that is no longer prosecutable in the State in which the conviction was entered, any offense under State law for which an essential element is the alien’s immigration status, any offense involving civil disobedience without violence, and any minor traffic offense) not occurring on the same date, and not arising out of the same act, omission, or scheme of misconduct. (B) Waivers (i) In general For purposes of subparagraph (A), the Secretary may, for humanitarian purposes, family unity, or if otherwise in the public interest— (I) waive inadmissibility under— (aa) subparagraphs (A), (C), and (D) of section 212(a)(2); and (bb) paragraphs (6)(E), (8), (10)(C), and (10)(E) of such section; (II) waive ineligibility under subparagraph (A)(ii) (excluding offenses described in section 101(a)(43)(A)) or inadmissibility under subparagraph (B) of section 212(a)(2) if the alien has not been convicted of any offense during the 10-year period preceding the date on which the alien applies for status under this section; and (III) for purposes of subparagraph (A)(iii), waive consideration of— (aa) 1 misdemeanor offense if, during the 5-year period preceding the date on which the alien applies for status under this section the alien has not been convicted of any offense; or (bb) 2 misdemeanor offenses if, during the 10-year period preceding such date, the alien has not been convicted of any offense. (ii) Considerations In making a determination under subparagraph (B), the Secretary of Homeland Security or the Attorney General shall consider all mitigating and aggravating factors, including— (I) the severity of the underlying circumstances, conduct, or violation; (II) the duration of the alien’s residence in the United States; (III) evidence of rehabilitation, if applicable; and (IV) the extent to which the alien’s removal, or the denial of the alien’s application, would adversely affect the alien or the alien’s United States citizen or lawful permanent resident family members. (2) Aliens in certain immigration statuses An alien shall be ineligible for adjustment of status under this section if, on January 1, 2021, the alien was any of the following: (A) An alien lawfully admitted for permanent residence. (B) An alien admitted as a refugee under section 207 or granted asylum under section 208. (C) An alien who, according to the records of the Secretary or the Secretary of State, was in a period of authorized stay in a nonimmigrant status described in section 101(a)(15), other than— (i) the spouse, son, or daughter of an alien who is eligible for status under this section; (ii) an alien who is considered to be in a nonimmigrant status solely by reason of section 702 of the Consolidated Natural Resources Act of 2008 ( Public Law 110–229 (iii) a nonimmigrant described in section 101(a)(15)(H)(ii); and (iv) a nonimmigrant who is described in subsection (b). (D) An alien paroled into the Commonwealth of the Northern Mariana Islands or Guam who did not reside in the Commonwealth or Guam on November 28, 2009. (3) Certain aliens outside the United States and unlawful reentrants An alien shall be ineligible for adjustment of status under this section if the alien— (A) departed the United States while subject to an order of exclusion, deportation, removal, or voluntary departure; and (B) (i) was outside the United States on January 1, 2021; or (ii) reentered the United States unlawfully after January 1, 2021. (d) Application (1) Fee (A) In general The Secretary shall, subject to an exemption under subparagraph (B), require an alien applying for adjustment of status under this section to pay a reasonable fee commensurate with the cost of processing the application. (B) Exemptions An applicant may, in the discretion of the Secretary, be exempted from paying an application fee required under this paragraph if the applicant— (i) received total income, during the 1-year period immediately preceding the date on which the applicant files an application under this section, that is less than 250 percent of the Federal poverty line; (ii) is younger than 21 years of age; (iii) is in foster care or is a juvenile who lacks any parental or other familial support; or (iv) cannot care for himself or herself because of a serious disability. (C) Installments The Secretary may allow applicants to pay the fee under this paragraph in installments. (2) Background checks The Secretary may not grant an alien permanent resident status under this section until a background check has been completed. (3) Withdrawal of application (A) In general On receipt of a request to withdraw an application under this section, the Secretary shall cease processing of the application and close the case. (B) Effect of withdrawal Withdrawal of such an application shall not prejudice any future application filed by the applicant for any immigration benefit under this Act. (e) Employer requirements (1) In general On request, an employer, the agent of an employer, or any person who provides compensation directly or indirectly to a worker for labor or service, shall provide a worker with documents that will assist the worker’s filing of an application under subsection (d). (2) Effect of delay or noncompliance With respect to a request described in paragraph (1), delay or noncompliance on the part of an employer, the agent of an employer, or the person who provides compensation directly or indirectly shall result in an escalating fine that accrues for the duration of the delay or noncompliance. (f) Employer protections No part of an alien’s application or request for documents under subsection (e) shall be used as evidence regarding an employer’s or any other person’s hiring, employment, or continued employment of an alien described in subsection (b) for purposes of demonstrating a violation of section 274A(a) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(a) (g) Worker protections (1) In general An employer, the agent of an employer, or any person who provides compensation directly or indirectly to a worker for labor or service shall not take an adverse action against a worker based on a request made by the worker in good faith for documents or information to support an application for adjustment of status under this section. (2) Presumption (A) In general If any person or entity described in paragraph (1) takes an adverse action against such a worker within 90 days of the worker’s request for such documentation or information, such conduct shall raise a presumption that the adverse action was carried out in— (i) response to such request; and (ii) in violation of this subsection. (B) Rebuttal The presumption under subparagraph (A) may be rebutted by clear and convincing evidence that the adverse action was taken for other permissible reasons. (3) Civil action A worker may bring a civil action in a Federal or State court of competent jurisdiction against any person or entity described in paragraph (1) that violates this subsection to seek such legal or equitable relief as may be appropriate, including reinstatement, promotion, the payment of wages lost, an additional equal amount as liquidated damages, and punitive damages. An action commenced under this paragraph may be commenced within 2 years after the cause of action accrued. In any judgment in favor of a worker, and in any proceeding to enforce such a judgment, the court shall award reasonable attorney’s fees and costs to the prevailing plaintiff. (h) Clarification Nothing in this section shall be construed to require an alien described in subsection (b) to appear before an agent of the Department of Homeland Security or any other Federal agency for an interview. (i) Period described The period described in this subsection— (1) begins on the first day of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d (2) ends on the date that is 90 days after the date on which such public health emergency terminates. (j) Submission of biometric and biographic data (1) In general (A) In general The Secretary may not grant an alien adjustment of status under this section unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. (B) Alternative procedure The Secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data due to a physical or mental impairment or bona fide religious objection. (2) Background checks (A) In general The Secretary shall use biometric and biographic data— (i) to conduct security and law enforcement background checks; and (ii) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for adjustment of status under this section. (B) Completion required (i) In general The status of an alien may not be adjusted under this section unless security and law enforcement background checks are completed to the satisfaction of the Secretary. (ii) Timeline (I) In general Except as provided in subclause (II), the security and law enforcement background checks required by this paragraph shall be completed within 60 days. (II) Extension for good cause The Secretary may extend the timeline under subclause (I) for good cause and, in the case of such an extension, shall communicate the delay to the applicant. (k) Adjudication (1) In general The Secretary shall evaluate each application filed pursuant to this section to determine whether the alien meets all applicable requirements. (2) Adjustment of status if favorable determination If the Secretary determines that the alien meets the requirements under this section, the Secretary shall— (A) notify the alien of such determination; and (B) adjust the status of the alien to that of an alien lawfully admitted for permanent residence, effective as of the date of such determination. (3) Adverse determination If the Secretary determines that the alien does not meet the requirements for status under this section, the Secretary shall notify the alien of such determination. (l) Aliens ordered removed (1) In general An alien present in the United States who has been ordered removed or has been permitted to depart voluntarily from the United States, notwithstanding such order or permission to depart, may apply for adjustment of status under this section. (2) Opportunity to apply (A) In general An alien who appears to be prima facie eligible for relief under this section shall be given a reasonable opportunity to apply for such relief and shall not be removed until a final decision establishing ineligibility for relief is rendered. (B) Motion not required Such alien shall not be required to file a separate motion to reopen, reconsider, or vacate the order of removal. (C) Effect of approval If the Secretary approves the application, the Secretary or the Attorney General shall vacate the order of removal and terminate any removal proceedings. (D) Effect of denial If the Secretary renders a final administrative decision to deny the application, the order of removal or permission to depart shall be effective and enforceable to the same extent as if the application had not been made, but only after all available administrative and judicial remedies have been exhausted. (m) Advance parole (1) In general During the period beginning on the date on which an alien applies for adjustment of status under this section and ending on the date on which the Secretary makes a final decision regarding such application, the alien shall be eligible to apply for advance parole based on any reasonable need to travel. (2) Applicability Section 101(g) of the Immigration and Nationality Act ( 8 U.S.C. 1101(g) (n) Employment authorization (1) In general (A) In general An alien whose removal is stayed pursuant to this section or who has a pending application under this section shall, on application to the Secretary, be granted an employment authorization document. (B) Timeline for issuance (i) In general Except as provided in clause (ii), an employment authorization document shall be issued within 30 days. (ii) Extension for good cause The Secretary may extend the timeline under clause (ii) for good cause and, in the case of such an extension, shall communicate the delay to the applicant. (2) Receipt of application (A) In general As soon as practicable after receiving an application for status under this section, the Secretary shall provide the applicant with a document acknowledging receipt of such application. (B) Evidence of employment authorization A document issued under subparagraph (A) shall— (i) serve as interim evidence of the alien's authorization to accept employment in the United States; and (ii) be accepted by an employer as evidence of employment authorization under section 274A(b)(1)(C) pending a final decision on the application. (o) Exemption from numerical limitation Nothing in this section or in any other law may be construed— (1) to limit the number of aliens who may be granted permanent resident status under this section; or (2) to count against any other numerical limitation under this Act. (p) Administrative review (1) Exclusive administrative review Administrative review of a determination with respect to an application for status under this section shall be conducted solely in accordance with this subsection. (2) Administrative appellate review (A) Establishment of administrative appellate authority The Secretary shall establish or designate an appellate authority to provide for a single level of administrative appellate review of determinations with respect to applications for, and revocations of, status under this section. (B) Single appeal for each administrative decision (i) In general An alien in the United States whose application for status under this section has been denied or whose status under this section has been revoked may file with the Secretary not more than 1 appeal of each such decision. (ii) Changed circumstance On a showing of changed circumstances, the Secretary may waive the numerical limitation under clause (i). (iii) Notice of appeal (I) In general A notice of appeal filed under this paragraph shall be filed not later than 90 days after the date of service of the denial or revocation, unless the delay beyond the 90-day period is reasonably justifiable. (II) Waiver On showing that the delay was reasonably justifiable, the Secretary may waive the time limitation described in subclause (I). (III) Service Service of a notice of appeal under this clause shall be provided in English, Spanish, and any other language that the alien concerned is known to understand, and shall be made upon counsel of record. (C) Review by Secretary Nothing in this paragraph may be construed to limit the authority of the Secretary to certify appeals for review and final administrative decision. (D) Denial of petitions for dependents A decision to deny, or revoke the approval of, a petition filed by an alien to classify a spouse, son, daughter, or child of the alien as the spouse, son, daughter, or child for purposes of status under this section may be appealed under this paragraph. (E) Record for review Administrative appellate review under this paragraph shall be de novo and based solely upon— (i) the administrative record established at the time of the determination on the application; and (ii) any additional newly discovered or previously unavailable evidence. (3) Stay of removal An alien seeking administrative review of a denial, or revocation of approval, of an application under this section shall not be removed from the United States before a final decision is rendered establishing ineligibility for lawful permanent residence. (q) Information privacy (1) In general Except as provided in paragraph (3), no officer or employee of the United States may— (A) disclose (directly or indirectly, including through inclusion in a database), access, or use the information provided by an alien pursuant to an application filed under this section (including information provided during administrative or judicial review) for the purpose of immigration enforcement, including the initiation of removal proceedings; or (B) publish any information provided pursuant to an application under this section. (2) Referrals prohibited The Secretary, based solely on information provided in an application for adjustment of status under this section (including information provided during administrative or judicial review) or an application for deferred action pursuant to the memorandum of the Department of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children (3) Required disclosure Notwithstanding paragraph (1), the Attorney General or the Secretary shall provide the information provided in an application under this section, and any other information derived from such information, to an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime). (4) Penalty Whoever knowingly uses, publishes, or permits information to be examined in violation of this subsection shall be fined not more than $50,000. (5) Safeguards The Secretary shall require appropriate administrative and physical safeguards to protect against direct and indirect disclosure, access, and uses of information that violate this subsection. (6) Assessments Not less frequently than annually, the Secretary shall conduct an assessment that, for the preceding calendar year— (A) analyzes the effectiveness of the safeguards described in paragraph (5); (B) determines the number of authorized disclosures under paragraph (3) made; and (C) determines the number of disclosures prohibited under paragraphs (1) and (2) made. (r) Eligibility for other statuses An alien’s eligibility to be lawfully admitted for permanent residence under this section shall not preclude the alien from seeking any status under any other provision of law for which the alien may otherwise be eligible. (s) Effect of failure To comply with removal order Failure to comply with 1 or more removal orders or voluntary departure agreements for acts committed before the date of the enactment of this section shall not affect the eligibility of an alien to apply for a benefit under this section. . (b) Judicial review Section 242 of the Immigration and Nationality Act ( 8 U.S.C. 1252 (1) in subsection (a)(2)— (A) in subparagraph (B), by inserting the exercise of discretion specified under this title arising under no court shall have jurisdiction to review (B) in subparagraph (C), by inserting or subsection (h) subparagraph (D) (C) in subparagraph (D)— (i) by striking (other than in this section) (ii) by striking raised upon a petition for review filed with an appropriate court of appeals in accordance with this section (2) in subsection (b)— (A) in paragraph (2), in the first sentence, by inserting or, in the case of a decision rendered under subsection (c), in the judicial circuit in which the petitioner resides proceedings (B) in paragraph (9), by striking the first sentence and inserting the following: Except as otherwise provided in this section, judicial review of a determination respecting a removal order shall be available only in judicial review of a final order under this section. (3) in subsection (f)— (A) in paragraph (1), by striking or restrain the operation of (B) in paragraph (2), by inserting after all administrative and judicial review available to the alien is complete unless (4) by adding at the end the following: (h) Judicial review of eligibility determinations relating to status under title 5 (1) Direct review If an alien’s application under section 245B is denied, or the approval of such application is revoked, after the exhaustion of administrative appellate review under subsection (p) of that section, the alien may seek review of such decision, in accordance with chapter 7 (2) Status during review During the period in which a review described in paragraph (1) is pending— (A) any unexpired grant of voluntary departure under section 240B shall be tolled; and (B) any order of exclusion, deportation, or removal shall automatically be stayed unless the court, in its discretion, orders otherwise. (3) Review after removal proceedings An alien may seek judicial review of a denial or revocation of approval of the alien’s application under section 245B in the appropriate court of appeals of the United States in conjunction with the judicial review of an order of removal, deportation, or exclusion if the validity of the denial or revocation has not been upheld in a prior judicial proceeding under paragraph (1). (4) Standard for judicial review (A) Basis Judicial review of a denial or revocation of an approval of an application under section 245B shall be based upon the administrative record established at the time of the review. (B) Authority to remand The reviewing court may remand a case under this subsection to the Secretary of Homeland Security (referred to in this subsection as the Secretary (i) the additional evidence is material; and (ii) there were reasonable grounds for failure to adduce the additional evidence before the Secretary. (C) Scope of review Notwithstanding any other provision of law, judicial review of all questions arising from a denial or revocation of approval of an application under section 245B shall be governed by the standard of review set forth in section 706 of title 5, United States Code. (5) Remedial powers (A) Jurisdiction Notwithstanding any other provision of law, the district courts of the United States shall have jurisdiction over any cause or claim arising from a pattern or practice of the Secretary in the operation or implementation of the Citizenship for Essential Workers Act (B) Scope of relief The district courts of the United States may order any appropriate relief in a clause or claim described in subparagraph (A) without regard to exhaustion, ripeness, or other standing requirements (other than constitutionally mandated requirements), if the court determines that— (i) the resolution of such cause or claim will serve judicial and administrative efficiency; or (ii) a remedy would otherwise not be reasonably available or practicable. (6) Challenges to the validity of the system (A) In general Except as provided in paragraph (5), any claim that section 245B or any regulation, written policy, written directive, or issued or unwritten policy or practice initiated by or under the authority of the Secretary to implement such section, violates the Constitution of the United States or is otherwise in violation of law is available in an action instituted in a district court of the United States in accordance with the procedures prescribed in this paragraph. (B) Savings provision Except as provided in subparagraph (C), nothing in subparagraph (A) may be construed to preclude an applicant under 245B from asserting that an action taken or a decision made by the Secretary with respect to the applicant’s status was contrary to law. (C) Class actions Any claim described in subparagraph (A) that is brought as a class action shall be brought in conformity with— (i) the Class Action Fairness Act of 2005 ( Public Law 109–2 (ii) the Federal Rules of Civil Procedure. (D) Preclusive effect The final disposition of any claim brought under subparagraph (A) shall be preclusive of any such claim asserted by the same individual in a subsequent proceeding under this subsection. (E) Exhaustion and stay of proceedings (i) In general No claim brought under this paragraph shall require the plaintiff to exhaust administrative remedies under section 245B(p). (ii) Stay authorized Nothing in this paragraph may be construed to prevent the court from staying proceedings under this paragraph to permit the Secretary to evaluate an allegation of an unwritten policy or practice or to take corrective action. In determining whether to issue such a stay, the court shall take into account any harm the stay may cause to the claimant. . (c) Rulemaking (1) Implementation Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue interim final rules, published in the Federal Register, implementing section 245B of the Immigration and Nationality Act, as added by this Act. (2) Effective date Notwithstanding section 553 of title 5, United States Code, the rules issued under this subsection shall be effective, on an interim basis, immediately upon publication, but may be subject to change and revision after public notice and opportunity for a period of public comment. (3) Final rules Not later than 180 days after the date of publication under paragraph (2), the Secretary shall finalize the interim rules. (d) Rule of construction Section 244(h) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(h) (e) Eligibility for services Section 504(a)(11) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 ( Public Law 104–134 42 U.S.C. 2996 (f) Technical and conforming amendment The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 Sec. 245B. Adjustment of status for essential workers. . 3. Restoring fairness to adjudications (a) Waiver of grounds of inadmissibility Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 (c) Humanitarian, family unity, and public interest waiver (1) In general Notwithstanding any other provision of law, except section 245B(c)(1)(B), the Secretary of Homeland Security or the Attorney General may waive the operation of any 1 or more grounds of inadmissibility under this section (excluding inadmissibility under subsection (a)(3)) for any purpose, including eligibility for relief from removal— (A) for humanitarian purposes; (B) to ensure family unity; or (C) if a waiver is otherwise in the public interest. (2) Considerations In making a determination under paragraph (1), the Secretary of Homeland Security or the Attorney General shall consider all mitigating and aggravating factors, including— (A) the severity of the underlying circumstances, conduct, or violation; (B) the duration of the alien’s residence in the United States; (C) evidence of rehabilitation, if applicable; and (D) the extent to which the alien’s removal, or the denial of the alien’s application, would adversely affect the alien or the alien’s United States citizen or lawful permanent resident family members. . (b) Waiver of grounds of deportability Section 237(a) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a) (8) Humanitarian, family unity, and public interest waiver (A) In general Notwithstanding any other provision of law, except section 245B(c)(1)(B), the Secretary of Homeland Security or the Attorney General may waive the operation of any 1 or more grounds of deportability under this subsection (excluding deportability under paragraph (2)(A)(iii) based on a conviction described in section 101(a)(43)(A) and deportability under paragraph (4)) for any purpose, including eligibility for relief from removal— (i) for humanitarian purposes; (ii) to ensure family unity; or (iii) if a waiver is otherwise in the public interest. (B) Considerations In making a determination under subparagraph (A), the Secretary of Homeland Security or the Attorney General shall consider all mitigating and aggravating factors, including— (i) the severity of the underlying circumstances, conduct, or violation; (ii) the duration of the alien’s residence in the United States; (iii) evidence of rehabilitation, if applicable; and (iv) the extent to which the alien’s removal, or the denial of the alien’s application, would adversely affect the alien or the alien’s United States citizen or lawful permanent resident family members. . (c) Repeal of 3-Year, 10-Year, and permanent bars Section 212(a)(9) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9) (9) Aliens previously removed (A) Arriving alien Any alien who has been ordered removed under section 235(b)(1) or at the end of proceedings under section 240 initiated upon the alien’s arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible. (B) Other aliens Any alien not described in subparagraph (A) who seeks admission within 10 years of the date of such alien’s departure or removal (or within 20 years of such date in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible if the alien— (i) has been ordered removed under section 240 or any other provision of law; or (ii) departed the United States while an order of removal was outstanding. (C) Exception Subparagraphs (A) and (B) shall not apply to an alien seeking admission within a period if, prior to the date of the alien’s reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Secretary of Homeland Security has consented to the alien’s reapplying for admission. . 4. Expungement and sentencing (a) Definition of conviction (1) In general Section 101(a)(48) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(48) (48) (A) The term conviction (B) The following may not be considered a conviction for purposes of this Act: (i) An adjudication or judgment of guilt that has been dismissed, expunged, deferred, annulled, invalidated, withheld, vacated, or pardoned by the President of the United States or the Governor of any State. (ii) Any adjudication in which the court has issued— (I) a judicial recommendation against removal; (II) an order of probation without entry of judgment; or (III) any similar disposition. (iii) A judgment that is on appeal or is within the time to file direct appeal. (C) (i) Unless otherwise provided, with respect to an offense, any reference to a term of imprisonment or a sentence is considered to include only the period of incarceration ordered by a court. (ii) Any such reference shall be considered to exclude any portion of a sentence of which the imposition or execution was suspended. . (2) Retroactive applicability The amendment made by this subsection shall apply with respect to any conviction, adjudication, or judgment entered before, on, or after the date of the enactment of this Act. (b) Judicial recommendation against removal The grounds of inadmissibility and deportability under sections 212(a)(2) and 237(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2) 5. Petty offenses Section 212(a)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2)(A) (1) in clause (i), in the matter preceding subclause (I), by striking , or who admits having committed, or who admits committing acts which constitute the essential elements of (2) in clause (ii)— (A) in the matter preceding subclause (I), by striking to an alien who committed only one crime (B) in subclause (I), by inserting the alien committed only one crime, the crime was committed when (C) by amending subclause (II) to read as follows: (II) (aa) the alien was not convicted of more than 2 crimes; and (bb) for each such crime— (AA) the maximum penalty possible did not exceed imprisonment for 1 year; and (BB) the alien was not sentenced to a term of imprisonment in excess of 180 days. .
Citizenship for Essential Workers Act
Medicare Sequester Relief Act This bill continues to exempt Medicare from sequestration until the end of the public health emergency relating to COVID-19 (i.e., coronavirus disease 2019). (Sequestration is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals.)
116 S748 IS: Medicare Sequester Relief Act U.S. Senate 2021-03-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 748 IN THE SENATE OF THE UNITED STATES March 15, 2021 Mrs. Shaheen Ms. Collins Committee on Finance A BILL To provide for an extension of the temporary suspension of Medicare sequestration during the COVID–19 public health emergency. 1. Short title This Act may be cited as the Medicare Sequester Relief Act 2. Extension of temporary suspension of medicare sequestration (a) In general Section 3709(a) of division A of the CARES Act ( 2 U.S.C. 901a Public Law 116–136 March 31, 2021 the last day of the emergency period described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) (b) Extension of direct spending reductions through fiscal year 2031 Section 251A(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901a(6) (1) in subparagraph (B), in the matter preceding clause (i), by striking through 2030 through 2031 (2) in subparagraph (C), in the matter preceding clause (i), by striking fiscal year 2030 fiscal year 2031 (c) Effective date The amendments made by this section shall take effect as if enacted as part of the CARES Act ( Public Law 116–136
Medicare Sequester Relief Act
Protecting Individuals with Down Syndrome Act This bill creates new federal crimes related to the performance of an abortion on an unborn child who has Down syndrome. It subjects a violator to criminal penalties—a fine, a prison term of up to five years, or both. It also authorizes civil remedies, including damages and injunctive relief. A woman who undergoes such an abortion may not be prosecuted or held civilly liable.
117 S75 IS: Protecting Individuals with Down Syndrome Act U.S. Senate 2021-01-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 75 IN THE SENATE OF THE UNITED STATES January 28, 2021 Mr. Inhofe Mr. Daines Mr. Lankford Mr. Thune Mrs. Blackburn Mr. Barrasso Mr. Cotton Mr. Risch Mr. Marshall Mr. Cramer Mrs. Hyde-Smith Mr. Boozman Ms. Lummis Mr. Hawley Mr. Rounds Ms. Ernst Mr. Sasse Mr. Hoeven Mr. Cruz Mr. Scott of Florida Mr. Braun Mr. Rubio Mr. Scott of South Carolina Committee on the Judiciary A BILL To amend title 18, United States Code, to prohibit discrimination by abortion against an unborn child on the basis of Down syndrome. 1. Short title This Act may be cited as the Protecting Individuals with Down Syndrome Act 2. Discrimination by abortion against an unborn child on the basis of Down syndrome prohibited (a) In general Chapter 13 250. Discrimination by abortion against an unborn child on the basis of Down syndrome prohibited (a) Definitions In this section: (1) Abortion The term abortion (A) kill the unborn child of a woman known to be pregnant; or (B) terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) to produce a live birth and preserve the life and health of the child born alive; (ii) to save the life of the pregnant woman; or (iii) to remove a dead unborn child. (2) Down syndrome The term Down syndrome (A) an extra copy of the chromosome 21, in whole or in part; or (B) an effective trisomy for chromosome 21. (3) Qualified plaintiff The term qualified plaintiff (A) a woman upon whom an abortion is performed or attempted in violation of this section; (B) a maternal grandparent of the unborn child if the woman upon whom an abortion is performed or attempted in violation of this section is an unemancipated minor; (C) the father of an unborn child who is the subject of an abortion performed or attempted in violation of this section unless the pregnancy or abortion resulted from the criminal conduct of the father; or (D) the Attorney General. (4) Unborn child The term unborn child (b) Offense It shall be unlawful to— (1) perform an abortion— (A) with the knowledge that a pregnant woman is seeking an abortion, in whole or in part, on the basis of— (i) a test result indicating that the unborn child has Down syndrome; (ii) a prenatal diagnosis that the unborn child has Down syndrome; or (iii) any other reason to believe that the unborn child has or may have Down syndrome; or (B) without first— (i) asking the pregnant woman if she is aware of any test results, prenatal diagnosis, or any other evidence that the unborn child has or may have Down syndrome; and (ii) if the woman is aware that the unborn child has or may have Down syndrome, informing the pregnant woman of the prohibitions on abortion under this section; (2) use force or the threat of force to intentionally injure or intimidate any person for the purpose of coercing an abortion described in paragraph (1)(A); (3) solicit or accept funds for the performance of an abortion described in paragraph (1)(A); or (4) knowingly transport a woman into the United States or across a State line for the purpose of obtaining an abortion described in paragraph (1)(A). (c) Criminal penalty Any person that violates, or attempts to violate, subsection (b) shall be fined under this title, imprisoned not more than 5 years, or both. (d) Civil remedies (1) Civil action by woman on whom abortion is performed A woman upon whom an abortion has been performed or attempted in violation of subsection (b)(2) may bring a civil action in an appropriate court against any person who engaged in a violation of subsection (b)(2) to obtain appropriate relief. (2) Civil action by relatives (A) In general Except as provided in subparagraph (B), the father of an unborn child who is the subject of an abortion performed or attempted in violation of subsection (b), or a maternal grandparent of the unborn child if the pregnant woman is an unemancipated minor, may bring a civil action in an appropriate court against any person who engaged in the violation to obtain appropriate relief. (B) Exceptions Subparagraph (A) shall not apply if— (i) the pregnancy or abortion resulted from the criminal conduct of the plaintiff described in subparagraph (A); or (ii) the plaintiff described in subparagraph (A) consented to the abortion. (3) Appropriate relief Appropriate relief in a civil action under this subsection includes— (A) objectively verifiable money damages for all injuries, psychological and physical, including loss of companionship and support, occasioned by the violation of this section; and (B) punitive damages. (4) Injunctive relief A qualified plaintiff may bring a civil action in an appropriate court to obtain injunctive relief to prevent an abortion provider from performing or attempting further abortions in violation of this section. (5) Attorney’s fees for plaintiff The court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. (e) Bar to prosecution A woman upon whom an abortion is performed may not be prosecuted or held civilly liable for any violation of this section or for a conspiracy to violate this section. (f) Loss of Federal funding A violation of subsection (b) shall be deemed discrimination for the purposes of section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 (g) Reporting requirement (1) In general A physician, physician’s assistant, nurse, counselor, or other medical or mental health professional shall report known or suspected violations of any of this section to appropriate law enforcement authorities. (2) Criminal penalty Any person who violates paragraph (1) shall be fined under this title, imprisoned not more than 1 year, or both. (h) Expedited consideration It shall be the duty of the district courts of the United States, the courts of appeals of the United States, and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under this section. (i) Protection of privacy in court proceedings (1) In general Except to the extent the Constitution of the United States or other similarly compelling reason requires, in every civil or criminal action under this section, the court shall make such orders as are necessary to protect the anonymity of any woman upon whom an abortion has been performed or attempted if she does not give her written consent to such disclosure. Such orders may be made upon motion, but shall be made sua sponte if not otherwise sought by a party. (2) Orders to parties, witnesses, and counsel The court shall issue appropriate orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the identity of a woman described in paragraph (1) from public disclosure. (3) Pseudonym required In the absence of written consent of the woman upon whom an abortion has been performed or attempted, any party, other than a public official, who brings an action under this section shall do so under a pseudonym. (4) Limitation This subsection may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant. . (b) Clerical amendment The table of sections of chapter 13 250. Discrimination by abortion against an unborn child on the basis of Down syndrome prohibited. . 3. Severability If any portion of this Act, or the amendments made by this Act, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the portions or applications of this Act which can be given effect without the invalid portion or application.
Protecting Individuals with Down Syndrome Act
Cleaning Up Washington's Act This bill revises post-employment lobbying restrictions on senior executive branch officials and Members of Congress. Specifically, the bill increases from two years to five years the post-employment lobbying restrictions on a political appointee compensated on the Executive Schedule. Additionally, it increases to five years the post-employment lobbying ban on a former Member of the Senate (currently, two years) or a former Member of the House of Representatives (currently, one year).
116 S1158 IS: Cleaning Up Washington’s Act U.S. Senate 2019-04-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 116th CONGRESS 1st Session S. 1158 IN THE SENATE OF THE UNITED STATES April 11, 2019 Mr. Tester Committee on the Judiciary A BILL To establish a 5-year ban on individuals appointed to Executive Schedule positions and Members of Congress engaging in lobbying activities at the Federal level. 1. Short title This Act may be cited as the Cleaning Up Washington’s Act 2. 5-year ban on lobbying by individuals appointed to Executive Schedule positions and Members of Congress (a) Individuals appointed to Executive Schedule positions (1) In general Section 207(d) of title 18, United States Code, is amended to read as follows: (d) Restrictions on very senior personnel of the executive branch and independent agencies (1) Vice President (A) Restrictions In addition to the restrictions set forth in subsections (a) and (b), any person who serves in the position of Vice President of the United States and who, within 2 years after the termination of that person's service in that position, knowingly makes, with the intent to influence, any communication to or appearance before any person described in subparagraph (B), on behalf of any other person (except the United States), in connection with any matter on which such person seeks official action by any officer or employee of the executive branch of the United States, shall be punished as provided in section 216 of this title. (B) Persons who may not be contacted A person described in this subparagraph is— (i) any officer or employee of any department or agency in which the Vice President served within a period of 1 year before the Vice President's service or employment with the United States Government terminated; and (ii) any person appointed to a position in the executive branch which is listed in section 5312, 5313, 5314, 5315, or 5316 of title 5. (2) Five-year restriction on individuals in Executive schedule and equivalent positions (A) In general Except as provided in subparagraphs (B) and (C), and in addition to the restrictions set forth in subsections (a) and (b), any individual employed in a position in the executive branch for which the rate of pay is the rate of pay payable for any level of the Executive Schedule under subchapter II of chapter 53 (B) Special Government employees Subparagraph (A) shall not apply to a special Government employee who serves less than 60 days in the 1-year period before his or her service or employment as such employee terminates. (C) Waiver (i) Authority Except as provided in clause (ii), at the request of a department or agency, the Director of the Office of Government Ethics may waive the restrictions under subparagraph (A) with respect to a position, or a category of positions, if the Director determines that— (I) the imposition of the restrictions with respect to the position, or category of positions, would create an undue hardship on the department or agency in obtaining qualified personnel to fill the position, or category of positions; and (II) granting the waiver would not create the potential for use of undue influence or unfair advantage. (ii) Excluded positions The Director of the Office of Government Ethics may not waive the restrictions under subparagraph (A) with respect to— (I) a position in the executive branch (including any independent agency) for which the rate of pay is the rate of pay payable for level I of the Executive Schedule; or (II) a position in the Executive Office of the President for which the rate of pay is the rate of pay for level II of the Executive Schedule. . (2) Technical and conforming amendments Section 207 of title 18, United States Code, is amended— (A) in subsection (c)(2)— (i) in subparagraph (A)— (I) by striking clauses (i) and (iii); (II) by redesignating clauses (ii), (iv), and (v) as clauses (i), (ii), and (iii), respectively; and (III) in clause (i), as so redesignated— (aa) by striking which is not referred to in clause (i) for which the rate of pay is not specified in or fixed according to subchapter II of chapter 53 (bb) by striking , or, for a period of 2 years (ii) in subparagraph (C), in the matter preceding clause (i), by striking clause (ii) or (iv) clause (i) or (ii) (B) in subsection (h)(2), by striking the second sentence. (b) Members of Congress Section 207(e)(1) of title 18, United States Code, is amended— (1) in subparagraph (A), by striking 2 years 5 years (2) in subparagraph (B)(i), by striking Any person who is a Member of the House of Representatives or an elected officer of the House of Representatives and who, within 1 year after that person leaves office, Any person who is a Member of the House of Representatives and who, within 5 years after that person leaves office, or any person who is an elected officer of the House of Representatives and who, within 1 year after that person leaves office,
Cleaning Up Washington’s Act
Highlands Conservation Reauthorization Act of 2021 This bill extends through FY2028 the Highlands Conservation Act, which provides for land conservation in Highlands states (i.e., Connecticut, New Jersey, New York, and Pennsylvania). The bill authorizes the Fish and Wildlife Service to add a municipality to the Highlands region upon the request of a Highlands state. The bill revises the way in which land is identified for conservation to require using the best available science and geographic information systems. The bill allows political subdivisions of states to enter into agreements with the Department of the Interior for land conservation projects. A Highland state that receives funds for a land conservation partnership project may not use more than 5% of the funds to administer that project. The bill extends through FY2028 Forest Service and other Department of Agriculture programs to conserve land and natural resources in the Highlands region.
108 S753 IS: Highlands Conservation Reauthorization Act of 2021 U.S. Senate 2021-03-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 753 IN THE SENATE OF THE UNITED STATES March 16, 2021 Mr. Murphy Mrs. Gillibrand Mr. Blumenthal Mr. Casey Committee on Energy and Natural Resources A BILL To reauthorize the Highlands Conservation Act, to authorize States to use funds from that Act for administrative purposes, and for other purposes. 1. Short title This Act may be cited as the Highlands Conservation Reauthorization Act of 2021 2. Reauthorization of the Highlands Conservation Act The Highlands Conservation Act ( Public Law 108–421 (1) in section 3— (A) by amending paragraph (1) to read as follows: (1) Highlands region The term Highlands region (A) the area depicted on the map entitled The Highlands Region Highlands Conservation Reauthorization Act of 2021 (B) a municipality approved by the Director of the United States Fish and Wildlife Service under section 4(e). ; (B) in paragraph (3), by amending subparagraph (B) to read as follows: (B) identified by a Highlands State as having high conservation value using the best available science and geographic information systems; and ; (C) in paragraph (4)(A), by striking ; or , including a political subdivision thereof; or (D) by striking paragraphs (5) through (7); (2) in section 4— (A) in subsection (a)(1), by striking in the Study using the best available science and geographic information systems; and (B) in subsection (c), by amending paragraph (5) to read as follows: (5) provides that land conservation partnership projects will be consistent with areas identified as having high conservation value in accordance with the purposes described in section 2 in the Highlands region. ; (C) in subsection (e), by striking $10,000,000 for each of fiscal years 2005 through 2021 $20,000,000 for each of fiscal years 2022 through 2028 (D) by redesignating subsection (e) as subsection (g); and (E) by inserting after subsection (d) the following: (e) Request for inclusion of additional municipality The Director of the United States Fish and Wildlife Service may, at the request of a Highlands State, approve the inclusion of a municipality within the State as part of the Highlands region. (f) Limitation on administrative expenses (1) Federal administration The Secretary of the Interior may not expend more than $300,000 for the administration of this Act in each fiscal year. (2) State administration A State that receives funds under this section for a land conservation partnership project may not use more than 5 percent of the funds to administer the land conservation partnership project. ; (3) in section 5— (A) in subsection (a), by striking the Study, Update, and any future study that the Forest Service may undertake in (B) in subsection (b)— (i) in paragraph (1), by striking , including a Pennsylvania and Connecticut Update (ii) in paragraph (2), by striking the findings with stakeholders regarding implementation of the program; and (C) in subsection (c), by striking 2005 through 2014 2022 through 2028 (4) in section 6, by adding at the end the following: (f) Appraisal methodology (1) In general With respect to an appraisal related to a land acquisition carried out under this Act, a Highlands State may use an appraisal methodology approved by the Secretary of the Interior. (2) Alternative appraisal methodology A Highlands State may petition the Secretary of the Interior to consider an alternative appraisal methodology when there is a conflict, in any Highlands State, between— (A) an appraisal methodology approved by the Secretary of the Interior under paragraph (1); and (B) applicable State law. .
Highlands Conservation Reauthorization Act of 2021
Emergency Water Infrastructure Improvements Act of 2021 This bill provides financial support for water infrastructure. Specifically, the bill provides appropriations to the Environmental Protection Agency for grants under the drinking water state revolving fund program to address contaminants in drinking water, which may include the repair and replacement of water distribution system components. Additionally, the bill directs the Department of Commerce to provide a specified amount of funding to address contaminants in drinking water from unobligated amounts of certain funds provided for economic development assistance programs.
117 S755 IS: Emergency Water Infrastructure Improvements Act of 2021 U.S. Senate 2021-03-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 755 IN THE SENATE OF THE UNITED STATES March 16, 2021 Mrs. Hyde-Smith Committee on Environment and Public Works A BILL To require the Administrator of the Environmental Protection Agency to provide additional assistance for public water systems damaged by Winter Storms Uri and Viola, and for other purposes. 1. Short title This Act may be cited as the Emergency Water Infrastructure Improvements Act of 2021 2. Additional environmental infrastructure authority Section 219(f)(167) of the Water Resources Development Act of 1992 ( Public Law 102–580 $25,000,000 $47,000,000 3. Safe drinking water infrastructure (a) Definitions In this section: (1) Administrator The term Administrator (2) Eligible State The term eligible State (A) for which the President has declared not fewer than 5 major disasters under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 (B) in which public water systems suffered major damage, as determined by the Administrator, from Winter Storms Uri and Viola. (3) Eligible system The term eligible system 42 U.S.C. 300i (4) Public water system The term public water system 42 U.S.C. 300f (b) State revolving loan fund assistance (1) In general Notwithstanding any other provision of law, an eligible system shall be— (A) considered a disadvantaged community for purposes of subsection (d) of section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 (B) eligible to receive the additional subsidization described in paragraph (1) of that subsection, including the forgiveness of principal described in that paragraph. (2) Authorization An eligible State may use funds made available under a capitalization grant provided under subsection (c) to provide the additional subsidization described in paragraph (1)(B) to an eligible system within the eligible State to address contaminants in drinking water, which may include the repair and replacement of water distribution system components. (c) Drinking water State revolving funds (1) Appropriation There is appropriated to the Administrator, out of any funds of the Treasury not otherwise appropriated, $150,000,000 to provide additional capitalization grants to eligible States pursuant to section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 (2) Intended use plans Not later than 30 days after the date on which an eligible State submits to the Administrator a revised intended use plan under section 1452(b) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(b) (3) Requirement Of the funds provided to an eligible State in a capitalization grant made pursuant to paragraph (1), the eligible State may use not more than 15 percent to provide assistance to an eligible system for the purposes of purchasing and installing new water meters and modernizing billing systems. (d) Nonduplication of work An activity carried out using funds made available under this section shall not duplicate or impede the work of any other Federal or State department or agency. 4. Economic adjustment assistance grants for drinking water infrastructure Of the amounts made available under the heading economic development assistance programs economic development administration Public Law 116–136 economic development assistance programs economic development administration Public Law 116–260
Emergency Water Infrastructure Improvements Act of 2021
Continuing Coverage for Preexisting Conditions Act of 2021 This bill establishes severability between provisions relating to the requirement to maintain minimum essential health care coverage (i.e., the individual mandate) and other provisions of the Patient Protection and Affordable Care Act. Specifically, the bill provides that if the individual mandate is found to be illegal or incapable of being enforced, such findings do not affect the validity of other provisions relating to (1) the availability and renewability of coverage, or (2) the prohibitions against discriminatory coverage practices based on preexisting conditions or health status.
111 S756 IS: Continuing Coverage for Preexisting Conditions Act of 2021 U.S. Senate 2021-03-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 756 IN THE SENATE OF THE UNITED STATES March 16, 2021 Mr. Kennedy Committee on Health, Education, Labor, and Pensions A BILL To amend the Patient Protection and Affordable Care Act to ensure that preexisting condition exclusions with respect to enrollment in health insurance coverage and group health plans continue to be prohibited. 1. Short title This Act may be cited as the Continuing Coverage for Preexisting Conditions Act of 2021 2. Ensuring the prohibition of preexisting condition exclusions with respect to enrollment in health insurance coverage and group health plans Part I of subtitle F of title I of the Patient Protection and Affordable Care Act ( Public Law 111–148 1503. Severability If subsection (a) of section 5000A 42 U.S.C. 300gg .
Continuing Coverage for Preexisting Conditions Act of 2021
Relief for Survivors of Miners Act of 2021 This bill creates, for the purpose of claims for black lung benefits, a rebuttable presumption that a deceased miner's death was caused by black lung disease if such miner was totally disabled due to black lung disease. It also establishes a program to pay up to a maximum of $4,500 in attorney fees and $3,000 in medical expenses incurred while establishing such claims.
117 S757 IS: Relief for Survivors of Miners Act of 2021 U.S. Senate 2021-03-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 757 IN THE SENATE OF THE UNITED STATES March 16, 2021 Mr. Warner Committee on Health, Education, Labor, and Pensions A BILL To amend the Black Lung Benefits Act to ease the benefits process for survivors of miners whose deaths were due to pneumoconiosis. 1. Short title This Act may be cited as the Relief for Survivors of Miners Act of 2021 2. Amendments to the benefits process for survivors of miners whose deaths were due to pneumoconiosis (a) Rebuttable presumptions for a death due to pneumoconiosis (1) Rebuttable presumption for a deceased miner employed for not less than 10 years in a coal mine Section 411(c)(2) of the Black Lung Benefits Act ( 30 U.S.C. 921(c)(2) (2) Rebuttable presumption for a disability due to pneumoconiosis Section 411(c) of the Black Lung Benefits Act ( 30 U.S.C. 921(c) (6) If a deceased miner was totally disabled due to pneumoconiosis during the life of such miner, there shall be a rebuttable presumption that the death of such miner was a death due to pneumoconiosis. The presumption under this paragraph may be rebutted only by establishing that no part of the death of such miner was caused by pneumoconiosis. . (3) Effective Date The amendments made by paragraphs (1) and (2) shall apply with respect to claims filed under part B or part C of the Black Lung Benefits Act ( 30 U.S.C. 921 (b) Attorneys’ fees and medical expenses payment program Part A of the Black Lung Benefits Act ( 30 U.S.C. 901 403. Attorneys’ fees and medical expenses payment program (a) Program established (1) In general Not later than 180 days after the date of enactment of the Relief for Survivors of Miners Act of 2021 (2) Qualifying claim A qualifying claim for purposes of this section is a contested claim for benefits under this title for which a final order has not been entered within one year of the filing of the claim. (3) Use of payments from the fund Notwithstanding any other provision of law, amounts in the fund shall be available for payments authorized by the Secretary under this section. (b) Payments authorized (1) Attorneys’ fees (A) Approval If a claimant for benefits under this title obtains a proposed decision and order from a district director with an award of benefits for a qualifying claim, or an award for a qualifying claim before an administrative law judge— (i) the district director may approve attorneys’ fees for work done before such director in an amount not to exceed $1,500; and (ii) an administrative law judge may approve attorneys’ fees for work done before such judge in an amount not to exceed $3,000. (B) Payment The Secretary shall, through the program under this section, pay any amounts approved under subparagraph (A). (2) Medical expenses (A) Approval If a claimant for benefits under this title obtains a proposed decision and order from a district director with an award of benefits for a qualifying claim, or an award for a qualifying claim before an administrative law judge, such district director and administrative law judge may each approve an award, in an amount not to exceed $1,500, to the claimant’s attorney of reasonable and unreimbursed medical expenses incurred in establishing the claimant’s case. (B) Payment The Secretary shall, through the program under this section, pay any amounts approved under subparagraph (A). (3) Maximum The Secretary, through the program established under this section, shall for any single qualifying claim pay— (A) not more than a total of $4,500 in attorneys’ fees; and (B) not more than $3,000 in medical expenses. (c) Reimbursement of funds In any case in which a qualifying claim results in a final order awarding compensation, the liable operator shall reimburse the fund for any fees or expenses paid under this section, subject to enforcement by the Secretary under section 424 and in the same manner as compensation orders are enforced under section 21(d) of the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 921(d) (d) Additional program rules Nothing in this section shall limit or otherwise affect an operator's liability for any attorneys’ fees or medical expenses awarded by the district director or an administrative law judge that were not paid by the program under this section. Nothing in this section shall limit or otherwise affect the Secretary's authority to use amounts in the fund to pay approved attorneys’ fees in claims for benefits under this title for which a final order awarding compensation has been entered and the operator is unable to pay. (e) No recoupment of attorneys’ fees Any payment for attorneys’ fees or medical expenses made by the Secretary under this section shall not be recouped from the claimant or the claimant’s attorney. . 3. Reports by the Government Accountability Office Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall— (1) carry out a review of interim benefit payments under the Black Lung Benefits Act ( 30 U.S.C. 901 (A) an examination of the financial impact on beneficiaries of such payments in the case the claims of such beneficiaries are denied and the payments are recouped; (B) a study of the impact that the stress caused by such recoupment, or the threat of such recoupment, has on beneficiaries of such payments; and (C) a study of the financial impact on the Federal Government and taxpayers of the process for recouping such interim benefit payments in the case of claims that are denied; (2) carry out a review of benefit payments for miners and survivors under the Black Lung Benefits Act ( 30 U.S.C. 901 (A) an examination of whether such payments are sufficient to meet the expenses of such miners and survivors; (B) an examination of the economic impact of a possible increase in the amount of benefit payments for such miners and survivors; and (C) based on such examination, recommendations on the amount of benefit payments that such miners and survivors should receive from the Black Lung Disability Trust Fund; (3) carry out a review that examines the impact of a possible change to regulations of the Secretary of Labor to permit a survivor of a miner to, after a final determination of benefits under the Black Lung Benefits Act ( 30 U.S.C. 901 (4) submit to Congress reports on the results of the reviews under paragraphs (1), (2), and (3).
Relief for Survivors of Miners Act of 2021
Combating Global Poverty Through Energy Development Act This bill supports the elimination of restrictions that limit support for certain energy projects at specified international financial institutions. Specifically, the bill requires the Department of the Treasury to instruct the U.S. executive directors of certain financial institutions (e.g., the International Finance Corporation, the International Monetary Fund, and the Inter-American Development Bank) to (1) oppose any restriction or prohibition on the financing of coal, oil, natural gas, or civil nuclear energy projects; and (2) seek to rescind current restrictions or prohibitions on this financing. Further, not more than 50% of amounts made available for the International Bank for Reconstruction and Development may be used until Treasury certifies that the bank (1) has rescinded any restrictions or prohibitions on the financing of coal, oil, natural gas, or civil nuclear energy projects; and (2) has in effect a policy promoting the financing of these projects. Treasury must coordinate with designated agencies to identify steps the United States can take to promote international financing of these energy projects in order to help developing countries access affordable and reliable power.
117 S758 IS: Combating Global Poverty Through Energy Development Act U.S. Senate 2021-03-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 758 IN THE SENATE OF THE UNITED STATES March 16, 2021 Mr. Barrasso Ms. Lummis Mrs. Hyde-Smith Mr. Cruz Mr. Hoeven Mr. Hagerty Mr. Cornyn Mr. Inhofe Committee on Foreign Relations A BILL To support financing of affordable and reliable energy projects by international financial institutions, and for other purposes. 1. Short title This Act may be cited as the Combating Global Poverty Through Energy Development Act 2. Opposition to restrictions by international financial institutions on financing of certain energy projects (a) In general The Secretary shall instruct the United States Executive Director of each covered international financial institution to use the voice, vote, and influence of the United States— (1) to oppose any rule, regulation, policy, or guideline that would restrict, prohibit, or have the effect of restricting or prohibiting, the financing of coal, oil, natural gas, or civil nuclear energy projects; and (2) to rescind each rule, regulation, policy, or guideline that, as of the date of the enactment of this Act, restricts or prohibits such financing. (b) Reversal of policies at International Bank for Reconstruction and Development The Secretary shall instruct the United States Executive Director of the International Bank for Reconstruction and Development to immediately and vigorously pursue policy changes at the Bank, through formal initiatives and through bilateral discussions, that will result in the reversal of the Bank’s— (1) restrictions on financing coal power generation; (2) prohibitions on financing upstream oil and gas exploration and production; and (3) prohibition on financing of civil nuclear energy projects. (c) Limitation on funds for International Bank for Reconstruction and Development Not more than 50 percent of amounts made available for the International Bank for Reconstruction and Development for fiscal year 2021 or any fiscal year thereafter may be obligated or expended until the Secretary certifies to the appropriate congressional committees that the Bank— (1) has rescinded any rule, regulation, policy, or guideline that restricts or prohibits, or would have the effect of restricting or prohibiting, the financing of any coal, oil, natural gas, or civil nuclear energy project; and (2) has in effect a policy promoting the financing of coal, oil, natural gas, and civil nuclear energy projects. (d) Promotion of financing of energy projects The Secretary, in collaboration with the Secretary of State, the Secretary of Energy, the President of the Export-Import Bank of the United States, the Chief Executive Officer of the United States International Development Finance Corporation, and the heads of other appropriate Federal agencies, shall identify steps the United States can take to promote international financing of energy projects, including coal, oil, and natural gas projects, in order to help developing countries access affordable and reliable power. (e) Report required Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the appropriate congressional committees a report that includes the following: (1) A list of all of the rules, regulations, policies, or guidelines of each covered international financial institution that would restrict, prohibit, or have the effect of restricting or prohibiting, the financing of coal, oil, natural gas, or civil nuclear energy projects. (2) A detailed description of the efforts of the United States Executive Director of each such institution to eliminate those rules, regulations, policies, or guidelines. (3) A description of the steps identified under subsection (d) and progress made in implementing those steps. (f) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees (2) Covered international financial institution The term covered international financial institution (A) The International Bank for Reconstruction and Development. (B) The International Development Association. (C) The International Finance Corporation. (D) The International Monetary Fund. (E) The Inter-American Development Bank. (F) The Inter-American Investment Corporation. (G) The North American Development Bank. (H) The European Bank for Reconstruction and Development. (I) The African Development Bank. (J) The African Development Fund. (K) The Asian Development Bank. (3) Secretary The term Secretary
Combating Global Poverty Through Energy Development Act
Executive Branch Emissions Transparency Act This bill requires the Office of Management and Budget to establish and maintain a publicly accessible and searchable database of fossil fuel-powered travel by the President, the Vice President, and political appointees where such travel is on official business or paid for by a third party if the individual is appearing in their official capacity. The bill makes an exception where publishing on the database could be deemed a national security risk.
117 S761 IS: Executive Branch Emissions Transparency Act U.S. Senate 2021-03-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 761 IN THE SENATE OF THE UNITED STATES March 16, 2021 Ms. Ernst Mr. Cotton Mrs. Capito Mr. Scott of Florida Committee on Homeland Security and Governmental Affairs A BILL To require the publication of fossil-fuel powered travel by the President, the Vice President, and political appointees, and for other purposes. 1. Short title This Act may be cited as the Executive Branch Emissions Transparency Act 2. Database on fossil fuel-powered travel by the President, the Vice President, and political appointees (a) Definitions (1) Covered individual The term covered individual (A) the President; (B) the Vice President; and (C) a political appointee. (2) Covered travel The term covered travel (A) travel that is powered by fossil fuels by a covered individual on official business; and (B) travel that is powered by fossil fuels by a covered individual that is paid for by a third party, if the covered individual is appearing in their official capacity. (3) Director The term Director (4) Political appointee The term political appointee (A) occupying a position in the Executive Office of the President or in the Office of the Vice President for which appointment is made by the President or Vice President, without regard to whether the appointment is made by and with the advice and consent of the Senate; (B) occupying position on the executive schedule under sections 5312 through 5316 of title 5, United States Code; (C) who is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service as defined in paragraphs (5), (6), and (7) of section 3132(a) of title 5, United States Code, respectively; (D) occupying a position in the executive branch of the Government of a confidential or policy-determining character under Schedule C of subpart C of part 213 of title 5, Code of Federal Regulations; (E) occupying a position for which appointment is made by the President and does not require the advice and consent of the Senate; (F) who is an Ambassador; or (G) who is— (i) a member of the staff of an Ambassador; (ii) not a member of the Foreign Service; and (iii) occupying a position for which appointment is made by the President, without regard to whether the appointment is made by and with the advice and consent of the Senate. (5) Relevant head The term relevant head (A) with respect to a political appointee described in subparagraph (B), (C), (D), or (E), the head of the Federal entity in which the political appointee occupies their position; (B) with respect to the President, the Vice President, or a political appointee described in paragraph (4)(A), the White House Office of Management and Administration; and (C) with respect to a political appointee described in subparagraph (F) or (G) of paragraph (4), the Secretary of State. (b) Database (1) Establishment Not later than 90 days after the date of enactment of this Act, the Director shall establish and maintain a publicly accessible and searchable database of covered travel. (2) Submission to relevant head Not later than 30 days after the date on which a covered individual has taken covered travel and has returned to the origin of the trip, the covered individual shall submit to the relevant head a report on the covered travel, which shall include— (A) the name of each covered individual on the covered travel; (B) the mode of travel; (C) the origin and destination; (D) a description of the covered travel; (E) miles traveled; (F) the estimated carbon emissions resulting from the covered travel; and (G) a description of any action taken to limit the carbon emissions associated with the covered travel. (3) Submission to OMB Not later than the 1st of each month, each relevant head shall submit to the Director a report that includes the information received under paragraph (2) during the preceding month relating to covered travel. (4) Publication by OMB Not later than the 15th of each month, the Director shall update the database established under this subsection with the reports submitted under paragraph (3) during the preceding month. (5) Exception for national security risk The Director shall not publish on the database established under this subsection information described in paragraph (2) if the publication of that information could be deemed a national security risk.
Executive Branch Emissions Transparency Act
Keeping Women and Girls Safe from the Start Act of 2021 This bill requires the Department of State to carry out activities under the Safe from the Start program to prevent, mitigate, and respond to gender-based violence in humanitarian emergencies around the world. (The Safe from the Start program addresses childhood exposure to violence.) These activities shall include (1) training and capacity building for humanitarian personnel; (2) deployment of, and support for, gender advisors and female humanitarian aid workers; (3) use of standards, guidelines, and best practices to address gender-based violence; (4) expanding and improving empowerment activities; and (5) establishing accountability mechanisms and monitoring and reporting tools to prevent and respond to incidents of sexual or other gender-based exploitation or abuse. The State Department must submit an annual report that includes an analysis of data and research regarding the key drivers of gender-based violence in humanitarian emergencies, as well as a detailed description of the programs, diplomatic efforts, and other activities taken to implement Safe from the Start.
117 S765 IS: Keeping Women and Girls Safe from the Start Act of 2021 U.S. Senate 2021-03-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 765 IN THE SENATE OF THE UNITED STATES March 16, 2021 Mr. Menendez Ms. Murkowski Mr. Merkley Ms. Rosen Mr. Van Hollen Mr. Markey Mr. Cardin Mr. Coons Mrs. Shaheen Mr. Kaine Mr. Schatz Ms. Collins Mr. Reed Committee on Foreign Relations A BILL To improve United States consideration of, and strategic support for, programs to prevent and respond to gender-based violence from the onset of humanitarian emergencies and to build the capacity of humanitarian actors to address the immediate and long-term challenges resulting from such violence, and for other purposes. 1. Short title This Act may be cited as the Keeping Women and Girls Safe from the Start Act of 2021 2. Findings Congress finds the following: (1) Displaced and stateless people and refugees, particularly women and girls, in conflict settings, natural disasters, and other humanitarian emergencies, often face extreme violence and threats of violence, including— (A) rape and sexual assault; (B) domestic or intimate partner violence; (C) child, early, and forced marriage; (D) trafficking for the purposes of sexual exploitation and forced labor; (E) harmful traditional practices, such as female genital mutilation or cutting; and (F) harassment, exploitation, and abuse by humanitarian personnel. (2) Gender-based violence increases during humanitarian emergencies and violent acts, such as intimate partner violence and child marriage, are often exacerbated during times of crisis. (3) Nearly 1 in 5 women affected by a humanitarian emergency report experiencing sexual violence during such emergency. (4) During the COVID–19 pandemic, the risk of domestic violence, child marriage, trafficking, and other forms of gender-based violence and abuse has increased and compounds the risk displaced women and girls face in emergencies. (5) Survivors of gender-based violence in humanitarian emergencies require— (A) immediate, life-saving assistance, including access to medical and psychosocial services, such as post-rape care; (B) access to justice and community-level reintegration; and (C) opportunities to earn livelihoods, build skills, and receive an education. (6) Early medical interventions after incidents of rape can help to prevent infections, HIV, and pregnancy. (7) Empowering women to assume leadership roles in delivering humanitarian assistance and effectively engaging local women’s rights organizations to provide life-saving assistance is critical to supporting survivors or those at risk of gender-based violence during humanitarian crises. (8) Between 2016 and 2018, inclusive, funding for gender-based violence in humanitarian crises represented just 0.12 percent of all funding for humanitarian response activities. (9) During 2013, the international community launched the Global Call to Action on Protection from Gender-Based Violence in Emergencies initiative to improve prevention and responses to gender-based violence in humanitarian settings. (10) The United States demonstrated its commitment to this initiative by implementing Safe from the Start, under the direction of the Department of State and the United States Agency for International Development (USAID)— (A) to reduce the incidence of gender-based violence; and (B) to ensure quality services for survivors from the very onset of emergencies through timely and effective humanitarian action. (11) The United States has further demonstrated its commitment to prevent and respond to gender-based violence globally through the following documents: (A) The United States Strategy to Prevent and Respond to Gender-Based Violence Globally, published by USAID in August 2012. (B) The United States Global Strategy to Empower Adolescent Girls, adopted by the Department of State in March 2016. (C) The U.S. Strategy To Support Women and Girls at Risk From Violent Extremism and Conflict, submitted to Congress in October 2018. (D) The United States Strategy on Women, Peace, and Security, released by the President in June 2019. (E) Advancing Protection and Care for Children in Adversity: A U.S. Government Strategy for International Assistance (2019–2023), posted online by USAID in July 2019. 3. Statement of policy objectives (a) In general It is in the national interest of the United States to take effective action— (1) to prevent, mitigate, and respond to gender-based violence in humanitarian emergencies around the world; (2) to promote respect for basic human rights and gender equality; and (3) to support economic growth, improved public health, and peace and stability around the world. (b) Programs, activities, and initiatives The policy objectives set forth in subsection (a) are reinforced through programs, activities, and initiatives that— (1) build the capacity of humanitarian actors responding to crises, including the capacity of governments, international organizations, international nongovernmental organizations, faith-based and non-faith-based organizations, and local nongovernmental groups (especially women-led organizations), to prevent, mitigate, and respond to gender-based violence; (2) systematically integrate and coordinate efforts to prevent gender-based violence, including by— (A) incorporating gender-based violence risk mitigation interventions across all humanitarian sectors; and (B) promoting support for, and collaboration with, gender-based violence response experts; (3) support activities that— (A) prevent and mitigate the impacts of gender-based violence in humanitarian settings; and (B) empower survivors or those at risk of gender-based violence; (4) improve the delivery and quality of services for survivors and at-risk populations of gender-based violence, including— (A) access to medical and psychosocial services that comply with international standards; and (B) service delivery to hard-to-reach populations; (5) ensure protection against and accountability for sexual exploitation and abuse, by and against humanitarian personnel; (6) advance the active leadership and participation of women and girls impacted by humanitarian crises, including in the design, implementation, and evaluation of programs and other activities; (7) ensure, when providing assistance to international and nongovernmental organizations in a humanitarian response, that particular emphasis be given to such organizations led by women impacted by the humanitarian crisis; and (8) promote transparency and accountability of United States Government programs and humanitarian implementers’ efforts related to preventing and responding to gender-based violence in humanitarian response. 4. Authorized Safe from the Start activities The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall carry out Safe from the Start activities that accomplish the policy objectives set forth in section 3, including— (1) training and capacity building for humanitarian personnel and other humanitarian first responders— (A) to identify and prevent gender-based violence in humanitarian settings; and (B) to support survivors and those at risk through best practices, including— (i) established international minimum standards for gender-based violence prevention and response; and (ii) referrals to qualified gender-based violence responders; (2) the deployment of, and support for, skilled gender advisors and female humanitarian aid workers that comply with international standards, including through the Gender-Based Violence Area of Responsibility coordinated by the United Nations Population Fund; (3) the development of technical skills of local nongovernmental organizations and other local actors, such as women impacted by the humanitarian crisis, including skills related to advocacy, monitoring, data collection, evaluation, and communications; (4) performing on-the-ground gender analyses and rapid gender assessments; (5) the deployment of international minimum standards, guidelines, best practices, and other tools to improve the integration of efforts to identify, prevent, and address gender-based violence across all humanitarian assistance programs and initiatives, in consultation with international and local nongovernmental organizations and other gender-based violence experts; (6) promoting existing international minimum standards, indicators, and metrics to ensure appropriate response and assess the adequacy of interventions relating to gender-based violence; (7) efforts to improve the quality and availability of services for survivors and those at risk of gender-based violence, including medical and psychosocial care and hygiene and dignity kits; (8) expanding and improving empowerment activities, including— (A) women's and girls’ economic opportunities and livelihoods; (B) social network building; (C) education and skills; and (D) leadership roles and participation in humanitarian response; and (9) establishing accountability mechanisms and monitoring and reporting tools to prevent and respond to incidents of sexual or other gender-based exploitation or abuse perpetrated by personnel delivering humanitarian assistance and associated personnel. 5. Reporting requirements (a) Defined term In this section, the term appropriate congressional committees (1) the Committee on Appropriations of the Senate (2) the Committee on Foreign Relations of the Senate (3) the Committee on Appropriations of the House of Representatives (4) the Committee on Foreign Affairs of the House of Representatives (b) Progress report (1) In general Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit a report to the appropriate congressional committees that describes the progress made by the United States, in conjunction with partners, such as the United Nations High Commissioner for Refugees, the United Nations Population Fund, the World Health Organization, the World Food Program, the United Nations Children's Fund, and the International Organization for Migration, to prevent, mitigate, and address gender-based violence in humanitarian emergencies. (2) Report elements The report required under paragraph (1) shall include— (A) (i) an analysis of data and research regarding the key drivers of gender-based violence in humanitarian emergencies; (ii) the needs and services required by survivors or those at risk; and (iii) successful program models to address, prevent, and mitigate such violence; and (B) a detailed description of the programs, diplomatic efforts, and other activities undertaken by the United States to implement Safe from the Start, in accordance with section 4, including— (i) a description of the steps taken— (I) to integrate prevention, mitigation, and respond to gender-based violence into humanitarian assistance; (II) to develop humanitarian standards; and (III) to respond to specific humanitarian crises; (ii) a description of the progress made toward achieving specific objectives, metrics, and indicators for implementation of Safe from the Start programming, disaggregated, as appropriate, by gender, age, and type of violence; (iii) a list of the all projects funded or supported through Safe from the Start programming, with specific details on levels of funding or assistance and impacts of such projects disaggregated, as appropriate, by gender, age, and type of violence; (iv) an assessment of the extent to which consultations with nongovernmental organizations, including local, national, and intergovernmental actors have led to the development of programs, standards, and interventions to combat gender-based violence; (v) a list of the policies or programs implemented by international or multilateral organizations receiving funding from the United States Government— (I) to improve capacity and internal protocols to identify signs of gender-based violence, including sexual exploitation and abuse; and (II) to integrate initiatives to prevent and respond to gender-based violence into programs of the organization; and (vi) a description of any diplomatic action taken bilaterally, multilaterally, or with international organizations to encourage the governments of other countries and international organizations to adopt policies and support efforts to prevent and respond to gender-based violence in emergency situations in alignment with the Global Call to Action on Protection from Gender-Based Violence in Emergencies. (3) Form The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. The unclassified portion of such report shall be concurrently published on a publicly available website of the Department of State. (c) Budget report Not later than 120 days after the President submits each budget to Congress under section 1105(a) of title 31, United States Code, the Director of the Office of Management and Budget shall submit to the appropriate congressional committees a budget crosscut report that— (1) displays the budget proposed, including any planned interagency or intra-agency transfer, for each of the principal Federal agencies that will be carrying out activities through the Safe from the Start programming focus described in section 4 in the fiscal year for which such budget is submitted; (2) separately reports the amount of funding to be provided pertaining to the Safe from the Start strategy under subsection (b), to the extent such plans are available; and (3) identifies, at the account level to the extent practicable, all Federal assistance and research expenditures for Safe from the Start activities in each of the 5 previous fiscal years. 6. Authorization of appropriations There are authorized to be appropriated to carry out this Act the greater of— (1) such sums as may be necessary for each fiscal year to carry out this Act; or (2) the amount expended by the Department of State during fiscal year 2018 to carry out Safe from the Start activities.
Keeping Women and Girls Safe from the Start Act of 2021
Home Loan Quality Transparency Act of 2021 This bill expands requirements for public disclosures by depository institutions and credit unions regarding mortgages and home equity lines of credit. Specifically, institutions originating fewer than 500 mortgage loans or open-end lines of credit annually are no longer exempt from certain financial reporting.
117 S767 IS: Home Loan Quality Transparency Act of 2021 U.S. Senate 2021-03-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 767 IN THE SENATE OF THE UNITED STATES March 16, 2021 Ms. Cortez Masto Ms. Smith Mr. Durbin Mr. Brown Ms. Cantwell Mr. Menendez Ms. Warren Ms. Klobuchar Mr. Blumenthal Mrs. Feinstein Committee on Banking, Housing, and Urban Affairs A BILL To amend the Home Mortgage Disclosure Act of 1975 to modify the exemptions from certain disclosure requirements. 1. Short title This Act may be cited as the Home Loan Quality Transparency Act of 2021 2. Exemption from certain disclosure requirements (a) In general Section 304 of the Home Mortgage Disclosure Act of 1975 ( 12 U.S.C. 2803 (1) by striking subsection (i) and inserting the following: (i) Exemption from certain disclosure requirements The requirements of paragraphs (4), (5), and (6) of subsection (b) shall not apply with respect to any depository institution described in section 303(3)(A) that has total assets, as of the most recent full fiscal year of the institution, of $30,000,000 or less. ; and (2) by striking subsection (o). (b) Technical and conforming amendment Section 104 of the Economic Growth, Regulatory Relief, and Consumer Protection Act ( Public Law 115–174
Home Loan Quality Transparency Act of 2021
Housing Fairness Act of 2021 This bill reauthorizes through FY2032 the Fair Housing Initiatives Program and revises program reporting requirements and organization eligibility requirements. The bill also allows the Department of Housing and Urban Development (HUD) to enter into agreements with certain organizations to test and investigate differential treatment and discriminatory housing practices based on race, color, sex, religion, national origin, disability, and familial status. The results of these tests and investigations may be used as the basis for an enforcement action under specified fair housing laws. Additionally, HUD must establish a grant program for public and private nonprofit organizations to study housing discrimination and implement pilot projects to test solutions.
117 S769 IS: Housing Fairness Act of 2021 U.S. Senate 2021-03-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 769 IN THE SENATE OF THE UNITED STATES March 16, 2021 Ms. Cortez Masto Mrs. Gillibrand Mr. Sanders Mr. Durbin Mr. Wyden Mr. Merkley Mr. Blumenthal Mr. Van Hollen Mr. Menendez Mr. Kaine Mrs. Feinstein Committee on Banking, Housing, and Urban Affairs A BILL To authorize funds to prevent housing discrimination through the use of nationwide testing, to increase funds for the Fair Housing Initiatives Program, and for other purposes. 1. Short title This Act may be cited as the Housing Fairness Act of 2021 2. Definition In this Act, the term Secretary 3. Testing for discrimination (a) Eligible activity under FHIP (1) In general Section 561(a) of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a(a) (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly; (B) in the matter preceding subparagraph (A), as so redesignated— (i) by striking The Secretary (1) Grants, contracts, and cooperative agreements The Secretary ; and (ii) by inserting after discriminatory housing practices or, in the case of grants, contracts, or cooperative agreements for activities under subparagraph (C), with qualified private, nonprofit fair housing enforcement organizations that have demonstrated expertise in managing and implementing regional or national testing programs to address systemic fair housing issues (C) in subparagraph (A), as so redesignated, by striking and (D) in subparagraph (B), as so redesignated, by striking paragraph (1). subparagraph (A); and (E) by adding at the end the following: (C) programs of regional or national testing and investigations to— (i) (I) detect and document differences in the treatment of persons seeking to rent or purchase housing or obtain or refinance a home mortgage loan; and (II) measure patterns of differential treatment because of the status of a renter, home buyer, or borrower as a member of a protected class under the Fair Housing Act ( 42 U.S.C. 3601 (ii) measure the prevalence, nature, and extent of discriminatory practices covered under the Fair Housing Act ( 42 U.S.C. 3601 (2) Enforcement actions (A) In general The results of any testing and investigations under paragraph (1)(C) may be used as the basis for the Secretary, any Federal agency authorized to bring such an enforcement action, or any State or local government or agency, public or private nonprofit organization or institution, or other aggrieved party within the meaning of the Fair Housing Act ( 42 U.S.C. 3601 42 U.S.C. 3602 (B) Testing Testing conducted under paragraph (1)(C) shall not constitute a violation of any provision of criminal law or the Truth in Lending Act ( 15 U.S.C. 1601 . (2) Technical and conforming amendment Section 561(f)(2) of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a(a)(2) subsection (a)(1) subsection (a)(1)(A) (b) Regulations (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall issue regulations that apply the minimum tester training standards required under section 125.107 of title 24, Code of Federal Regulations (or any successor regulation), to organizations conducting testing under paragraph (1)(C) of section 561(a) of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a(a) (2) Applicability to all testing activities On and after the date on which the regulations issued under paragraph (1) take effect, the minimum tester training standards described in that paragraph shall apply to any testing activities conducted under section 561 of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a 4. Fair Housing Initiatives Program (a) Amendments to program Section 561 of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a (1) in subsection (b)— (A) in paragraph (1), by striking private nonprofit qualified (B) in paragraph (2), in the matter preceding subparagraph (A), by striking private nonprofit qualified (2) in subsection (c), by adding at the end the following: (3) Program-earned income No restriction on the use of program-earned income received by a qualified fair housing enforcement organization shall apply after the grant period for the organization ends. ; (3) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (C), by striking and (ii) in subparagraph (D), by striking the period and inserting ; and (iii) by inserting after subparagraph (D) the following: (E) websites and other media outlets. ; (B) in paragraph (2), by striking or other public or private entities or other public or private nonprofit entities (C) in paragraph (3), by striking or other public or private entities or other public or private nonprofit entities (D) by adding at the end the following: (4) Limitation Notwithstanding any other provision of this section, a State or local agency certified by the Secretary under section 810(f) of the Fair Housing Act ( 42 U.S.C. 3610(f) (5) Eligibility Notwithstanding any other provision of this section, if an award of funding under subsection (b) for multiple fiscal years has been made to a qualified fair housing enforcement organization, the organization shall be, subject only to the availability of amounts provided in appropriation Acts, eligible to receive funding under this subsection for each fiscal year covered by the award under subsection (b). ; (4) in subsection (e)— (A) in paragraph (1)— (i) by inserting Congressional notification (1) (ii) by striking Banking, Finance and Urban Affairs Financial Services (B) by adding at the end the following: (2) Priority In providing assistance under this section with respect to a metropolitan statistical area for which there are multiple applications for assistance, the Secretary shall give priority to applications submitted by qualified fair housing enforcement organizations that have experience in conducting fair housing enforcement activities. ; (5) by striking subsection (g) and inserting the following: (g) Authorization of Appropriations (1) In general There are authorized to be appropriated to carry out this section— (A) $58,000,000 for each of fiscal years 2022 through 2026, of which— (i) $55,000,000 shall be available for any activities under this section other than programs under subsection (a)(1)(C), of which— (I) not less than $38,000,000 shall be for private enforcement initiatives authorized under subsection (b); (II) not less than $1,500,000 shall be for the fair housing organizations initiative under subsection (c); (III) not less than $10,000,000 shall be for the education and outreach initiative under subsection (d), of which— (aa) not less than $8,000,000 shall be for local education and outreach activities; and (bb) not less than $2,000,000 shall be for national media activities; and (IV) any remaining amounts shall be used for any program activities authorized under this section; and (ii) $3,000,000 shall be available only for programs under subsection (a)(1)(C); and (B) $70,000,000 for each of fiscal years 2027 through 2032, of which— (i) $65,000,000 shall be available for any activities under this section other than programs under subsection (a)(1)(C), of which— (I) not less than $44,000,000 shall be for private enforcement initiatives authorized under subsection (b); (II) not less than $1,500,000 shall be for the fair housing organizations initiative under subsection (c); (III) not less than $12,500,000 shall be for the education and outreach initiative under subsection (d), of which— (aa) not less than $10,000,000 shall be for local education and outreach activities; and (bb) not less than $2,500,000 shall be for national media activities; and (IV) any remaining amounts shall be used for any program activities authorized under this section; and (ii) $5,000,000 shall be available only for programs under subsection (a)(1)(C). (2) Availability Any amount appropriated under this section shall remain available until expended to carry out the provisions of this section. (3) Award of funding (A) Notice Not later than 90 days after the date of enactment of any Act making amounts available to carry out this section, the Secretary shall issue a Notice of Funding Availability with respect to the amounts. (B) Award Not later than 180 days after the date of enactment of any Act making amounts available to carry out this section, the Secretary shall award the amounts. ; (6) in subsection (h)(1), in the matter following subparagraph (C), by inserting and meets the criteria described in subparagraphs (A) and (C) (7) in subsection (j)— (A) in the matter preceding paragraph (1), by inserting regarding that fiscal year, comprehensive report (B) in paragraph (2), by striking and the use of such funds during the preceding fiscal year , the use of such funds, and outcomes such as the number of housing units made available and accessible to protected classes under the Fair Housing Act ( 42 U.S.C. 3601 (C) in paragraph (3), by striking during the preceding fiscal year (D) in paragraph (4), by striking during the preceding fiscal year (b) Study (1) In general The Secretary shall conduct a study to determine— (A) the feasibility, efficiency, and effectiveness of converting the Fair Housing Initiatives Program under section 561 of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a (B) the appropriate levels of funding for such a program, taking into consideration the number of such qualified fair housing enforcement organizations; and (C) the factors that should be considered in providing for an equitable distribution to qualified fair housing enforcement organizations. (2) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit a report to Congress setting forth the results of the study conducted under paragraph (1), which shall include any recommendations regarding such conversion of the program. 5. Sense of Congress It is the sense of Congress that the Secretary should— (1) fully comply with the requirements of section 561(d) of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a(d) (A) materials and information about the fair housing rights of individuals who seek to rent, purchase, sell, or facilitate the sale of a home; and (B) materials and information about the fair housing responsibilities of industry professionals providing products and services covered under the Fair Housing Act ( 42 U.S.C. 3601 (2) expend for the education and outreach programs described in paragraph (1) all amounts appropriated for those programs; (3) fully reinstate the regulations promulgated on July 16, 2015 (80 Fed. Reg. 42271), regarding the fair housing obligations of each recipient of Federal housing and community development funds to affirmatively further fair housing, as that term is used in the Fair Housing Act ( 42 U.S.C. 3601 (4) fully comply with the requirements of section 810(a) of the Fair Housing Act ( 42 U.S.C. 3610(a) 6. Grants to public and private entities to study housing discrimination (a) Grant Program The Secretary shall carry out a competitive matching grant program to assist public and private nonprofit organizations in— (1) conducting comprehensive studies that examine— (A) the causes of housing discrimination and segregation; (B) the effects of housing discrimination and segregation on education, poverty, economic development, health, and other socioeconomic factors; or (C) the incidences, causes, and effects of housing discrimination based on veteran and military status; and (2) implementing pilot projects that test solutions that will help prevent or alleviate housing discrimination and segregation. (b) Eligibility To be eligible to receive a grant under this section, a public or private nonprofit organization shall— (1) submit an application to the Secretary that contains— (A) the issues the applicant will address and a justification for the need to address those issues; (B) the applicant’s experience in formulating or carrying out programs or activities described in this section; (C) the geographical area and period of time to be studied; and (D) a certification that the applicant has consulted with a qualified fair housing enforcement organization in the design of its proposed area of study; and (2) agree to provide matching non-Federal funds for 10 percent of the total amount of the grant, which matching funds may include monetary donations and items donated on an in-kind contribution basis. (c) Partnerships with academic institutions A public or private nonprofit organization applying for a grant under this section may partner with an academic or educational organization or institution for the purpose of carrying out activities assisted with the grant amounts. (d) Report (1) In general The Secretary shall submit a report to Congress on a biennial basis that provides a detailed summary of the results of the comprehensive studies and pilot projects carried out under subsection (a), together with any recommendations or proposals for legislative or administrative actions to address any issues raised by the studies and pilot projects. (2) Concurrent submission The Secretary may submit the reports required under paragraph (1) as part of the reports prepared in accordance with paragraphs (2) and (6) of section 808(e) of the Fair Housing Act ( 42 U.S.C. 3608(e) 42 U.S.C. 3616a(j) (e) Authorization of Appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2021 through 2025. 7. Limitation on use of funds (a) Definition In this section, the term lobbying Cost Principles for Non-Profit Organizations (b) Prohibition None of the funds made available under this Act, or the amendments made by this Act, may be used for any political activities, political advocacy, or lobbying, or for expenses for travel to engage in political activities or preparation of or provision of advice on tax returns.
Housing Fairness Act of 2021
Protecting Life and Integrity in Research Act of 2021 This bill prohibits the Department of Health and Human Services from conducting or supporting any research that involves the use of human fetal tissue from an induced abortion. The bill also prohibits soliciting or acquiring a donation of human fetal tissue from an induced abortion, other than for purposes of an autopsy or burial. The bill applies requirements on the research of transplantation of fetal tissue for therapeutic purposes to research on fetal tissue in general.
117 S77 IS: Protecting Life and Integrity in Research Act of 2021 U.S. Senate 2021-01-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 77 IN THE SENATE OF THE UNITED STATES January 28, 2021 Mrs. Hyde-Smith Mr. Barrasso Mrs. Blackburn Mr. Boozman Mr. Cotton Mr. Cramer Mr. Daines Mrs. Fischer Mr. Hawley Mr. Inhofe Mr. Lankford Ms. Lummis Mr. Moran Mr. Portman Mr. Risch Mr. Rounds Mr. Scott of South Carolina Mr. Cruz Mr. Marshall Mr. Braun Mr. Kennedy Mr. Lee Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from conducting or supporting any research involving human fetal tissue that is obtained pursuant to an induced abortion, and for other purposes. 1. Short title This Act may be cited as the Protecting Life and Integrity in Research Act of 2021 2. No research by HHS involving human fetal tissue obtained pursuant to an induced abortion (a) In general The Public Health Service Act is amended by inserting after section 498A of such Act ( 42 U.S.C. 289g–1 498A–1. No research involving human fetal tissue obtained pursuant to an induced abortion (a) In general The Secretary may not conduct or support any research involving human fetal tissue that is obtained pursuant to an induced abortion. (b) Development of new, ethical cell lines Subsection (a) does not limit the authority of the Secretary to develop or support the development of new, high-efficiency cell lines, including for the production of vaccines and genetic vectors, so long as the cell lines are not derived from human fetal tissue that is obtained pursuant to an induced abortion. . (b) Conforming amendments Section 498A of the Public Health Service Act ( 42 U.S.C. 289g–1 (1) in subsections (a)(2), (c)(1)(B), and (g), by striking or induced (2) in subsection (b)(2)— (A) by striking subparagraph (A); and (B) by redesignating subparagraphs (B) and (C) as (A) and (B), respectively. 3. Prohibition against solicitation or knowing acquisition, receipt, or acceptance of a donation of human fetal tissue knowing that the tissue was obtained pursuant to an induced abortion (a) In general Paragraph (1) of section 498B(c) of the Public Health Service Act ( 42 U.S.C. 289g–2(c) (1) solicit or knowingly acquire, receive, or accept a donation (excluding any transfer for purposes of autopsy or burial) of human fetal tissue knowing that— (A) a human pregnancy was deliberately initiated to provide such tissue; or (B) the tissue was obtained pursuant to an induced abortion; or . (b) Conforming changes Section 498B of the Public Health Service Act ( 42 U.S.C. 289g–2 (1) by striking subsection (b); (2) by redesignating subsections (c) through (e) as subsections (b) through (d), respectively; (3) in subsection (c), as redesignated— (A) in paragraph (1), by striking (a), (b), or (c) (a) or (b) (B) in paragraph (2), by striking or (b)(3) (4) in subsection (d), as redesignated, by amending paragraph (1) to read as follows: (1) The term human fetal tissue . 4. Authorization for HHS research on fetal tissue and corresponding reporting Section 498A of the Public Health Service Act ( 42 U.S.C. 289g–1 (1) in the section heading, by striking Research on transplantation of fetal tissue Research on fetal tissue (2) in subsection (a)(1)— (A) by striking research on the transplantation of human fetal tissue for therapeutic purposes research on human fetal tissue (B) by adding at the end the following: Notwithstanding any other provision of law, any research of the Department of Health and Human Services on human fetal tissue shall be conducted or supported in accordance with this section. (3) in subsection (b)(1)(B), by inserting if the fetal tissue is intended for transplantation, the donation is made
Protecting Life and Integrity in Research Act of 2021
Department of Veterans Affairs Employee Fairness Act of 2021 This bill repeals provisions excluding any matter or question concerning professional conduct or competence; peer review; or the establishment, determination, or adjustment of employee compensation from the applicability of collective bargaining rights for Veterans Health Administration employees.
117 S771 IS: Department of Veterans Affairs Employee Fairness Act of 2021 U.S. Senate 2021-03-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 771 IN THE SENATE OF THE UNITED STATES March 16, 2021 Mr. Brown Mrs. Murray Ms. Warren Mr. Durbin Mr. Sanders Mr. Cardin Ms. Hirono Mr. Blumenthal Mr. Van Hollen Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to modify authorities relating to the collective bargaining of employees in the Veterans Health Administration, and for other purposes. 1. Short title This Act may be cited as the Department of Veterans Affairs Employee Fairness Act of 2021 2. Modification of authorities on collective bargaining of employees of the Veterans Health Administration Section 7422 of title 38, United States Code, is amended— (1) by striking subsections (b), (c), and (d); and (2) by redesignating subsection (e) as subsection (b).
Department of Veterans Affairs Employee Fairness Act of 2021